Article XV. FIREMEN'S RELIEF AND PENSION FUND  

Section 1500. The fund heretofore created, known and designated as the Firemen's Relief and Pension Fund shall continue in effect. The Mayor, Health Officer, and the President of the Civil Service Board shall hereafter constitute the Board of Trustees of such fund, and the City Treasurer shall be the custodian of said fund.

(Amended by: Stats. 1919, 1931.)

Section 1501. Any member of the Department who resigns or is discharged from the service previous to retirement, shall have all such sums as have been deducted from his pay and contributed to the Firemen's Relief and Pension Fund pursuant to the provisions of Section 97b*, refunded to him plus simple interest at the rate fixed by the Board of Trustees.

(Added by: Stats. 1943.)

* This reference is to the Section or Article so designated in the former Charter.

Section 1502. The said Board of Trustees may retire and relieve from service any aged, infirm, or disabled member of the Department who has arrived at the age of fifty-five years, and who, upon examination by two regularly licensed and practicing physicians, appointed by the Trustees for that purpose may be ascertained to be, by reason of such age, infirmity, or other disability, unfit for the performance of his duty said Board of Trustees shall, at the request of any member of the Department who has arrived at the age of fifty-five years, and who shall have served twenty years in the aggregate in this Department, retire, and relieve such member making such application. And the said Board of Trustees shall, upon the request of any member of the Fire Department who has served twenty-five years in the aggregate as a member of said Fire Department, retire and relieve said member making such application. Such retired member shall receive from the Firemen's Relief and Pension Fund a pension equal to one-half of the salary attached to the rank held by him one year prior to the date of said retirement, which pensions shall be paid in equal monthly installments and shall cease at the death of such member.

(Amended by: Stats. 1919.)

Compulsory Retirement At Age Seventy

Section 1503. Notwithstanding any provision contained in this Article, retirement under Section 1502 shall be compulsory upon such member reaching the age of seventy years.

(Added by: Stats. 1941.)

Absence By Reason Of War Or Other National Emergency

Section 1504. Absence of a member of the Fire Department by reason of service with the armed forces of the United States, either during a war involving the United States as a belligerent or in any other National emergency and for six months thereafter and who is not dishonorably discharged or released therefrom, shall be credited to such member as service for the City for retirement purposes. No contributions to the Firemen's Relief and Pension Fund for such period of absence without compensation from the City shall be required of such member.

This section shall be retroactively applied to extend its benefits to such members of the Fire Department whose absence commenced prior to its effective date.

(Added by: Stats. 1947.)

Pension For Member Disabled In Performance Of Duty

Section 1505. Any member of the Department who shall become physically disabled by reason of any bodily injury received in the performance of his duty upon his filing with the Board of Trustees a verified petition, setting forth the facts constituting such disability, and the cause thereof, accompanied by a certificate signed by the Chief of the Fire Department, the Chief of the Battalion to which he belongs and by two regularly licensed physicians of the City recommending his retirement upon a pension, on account of such disability, may be retired from the Department upon an annual pension, equal to one-half the amount of salary attached to the rank which he held one year prior to the date of such retirement, to be paid to him in equal monthly installments during the balance of his lifetime and to cease at his death. In case his disability shall cease, his pension shall cease, and he shall be restored to the service in rank he occupied at the time of his retirement; provided that the said Board of Trustees may of its own motion retire any member who shall become physically disabled by reason of any bodily injury received in the performance of his duty, who upon examination by two regularly licensed and practicing physicians appointed by the Trustees for that purpose, may be ascertained to be by reason of such disability unfit for the performance of his duty, provided further that such disability shall have continued for one year.

(Amended by: Stats. 1919, 1941.)

Benefit To Dependents Of Deceased Member Retired For Disability Incurred In Performance Of Duty

Section 1506. Notwithstanding any other provision set forth in Section 1505, if a retired member of the Department shall die at any time by reason of the bodily injury for which he was pensioned, his pension shall not cease but shall continue and shall be paid to his widow to whom he was married at the time of such injury, or to his orphan child or children, or to his parent or parents, in the manner and subject to the provisions of Section 1507 (a), (b) and (c).

(Added by: Stats. 1941.)

Pension To Dependents When Member Dies Of Injury Or Disability Incurred In Performance of Duty

Section 1507. The Board of Trustees shall, out of the Firemen's Relief and Pension Fund, provide for the family of a member of the Department who may die as a result of an injury or disability incurred while in the performance of his duty as follows:

(a)

Should the decedent be married, his widow, as long as she shall remain unmarried, shall be paid a pension equal to one-half of the salary attached to the rank held by the decedent at the time of death.

(b)

Should the decedent leave no widow, but leave an orphan child or children, under the age of eighteen years, or should the decedent leave a widow and child or children under the age of eighteen years, and the widow die without remarrying, while such child or children are yet under the age of eighteen years, such child, or children collectively, shall receive a pension equal to one-half of the salary attached to the rank held by the decedent at the time of his death until the youngest child attains the age of eighteen years, provided that no child shall receive any such pension after attaining the age of eighteen years, nor shall any child receive any such pension should he or she marry before reaching the age of eighteen years.

(c)

Should the decedent leave no widow, or no orphan child or children but leave a parent or parents, dependent solely upon him for support, such parent or parents so depending shall collectively receive a pension equal to one-half the salary attached to the rank held by the decedent at the time of his death during such time as the Board of Trustees may determine its necessity.

(Amended by: Stats. 1919, 1941.)

Section 1508.

(a)

Upon the death of a member of the Department who had been retired under this article, and such death shall occur after the effective date of this section and shall result from causes other than injuries received in or illness caused by or arising out of the performance of duty, two-thirds of such member's pension at the time of death shall be continued regardless of the age of the surviving widow, the dependents of the member in this order of succession and upon the conditions provided in Section 2612.

(b)

There shall be deducted from each monthly installment of pension due to such retired member under the provisions of this article a sum equal to 1-½% of such monthly installment which sum shall be retained by the Treasurer of the City and forthwith paid by him into the Police and Fire Retirement Fund.

(c)

The provisions of subdivisions (a) and (b) of this section shall not be applicable to any retired member of the Department who has not within 90 days after the ratification of this section by the State Legislature filed with the Secretary of the Police and Fire Retirement Board said member's written election to be subject to the provisions of said subdivisions.

(Added by: Stats. 1955.)

Section 1509. The widow of a member of the Department who was retired for years of service under the provisions of Section 1502 and who died prior to the effective date of Section 1508 from causes other than injuries received in, or illness caused by, or arising out of, the performance of duty, provided such widow was married to the decedent at least one (1) year prior to his retirement and has remained unmarried since the date of his death, shall receive two-thirds of the decedent's pension. The widow of a member of the Department who died from causes other than injuries received in, or illness caused by, or arising out of, the performance of duty and whose death occurred prior to eligibility for membership in the retirement system created by Article XXVI, and who was not receiving a pension under this Article, but who was eligible for retirement for years of service under Section 1502, shall receive two-thirds of the pension which would have been provided for him by said Section 1502 if he had been retired for years of service at the time of death, provided she has remained unmarried since the date of his death. The pension(s) herein provided for shall commence on the first of the month next following the effective date of this section and shall be paid in equal monthly installments as long as such respective widow(s) shall live and remain unmarried.

This section shall not be construed to provide any payment to such widow for any period of time prior to the first day of the month next following the effective date hereof, except that benefits under this section shall be in addition to any benefits heretofore received by the widow under Section 1510.

(Added by: Stats. 1957.)

Section 1510. When a member of the Department shall die from causes other than those specified in Section 1507 after ten years of service, then his widow and if there be no widow, then his children, and if there be no widow or children, then his mother, if dependent upon him for support, shall be entitled to the sum of One Thousand (1,000) Dollars; provided, further, when a member of the Department shall die from causes other than those specified in Section 1507 before retirement or eligibility for retirement, regardless of length of service, then his widow, and if there be no widow, then his children, and if there be no widow or children, then his parents or parent, and if there be none of these, then his estate, shall have and receive a refund of all such sums as have been deducted from his pay and contributed to the Firemen's Relief and Pension Fund, plus simple interest at a rate fixed by the Board of Trustees. When a member of the Department dies at such time as to qualify under both provisions of this Section, the person or representatives entitled to receive the payment or refund herein provided shall elect whether the One Thousand (1,000) Dollar payment or the refund of salary deductions shall be received, but in no event shall both be paid on account of the same death.

(Amended by: Stats. 1943.)

Section 1511. Any person receiving a pension from the Firemen's Relief and Pension Fund, who shall become convicted of a felony, or after notice and an opportunity to be heard shall be found by the Board of Trustees to have become dissipated or an habitual drunkard, or shall become a non-resident of this State except on leave by the Board of Trustees, shall forfeit all right to said pension.

(Amended by: Stats. 1941.)

Section 1512. The Board of Trustees may, on notice from the Chief of the Fire Department, reward any member of the Department for conduct which is heroic and meritorious. The form or amount of such reward shall be discretionary with the Board of Trustees, but it shall not exceed in any one instance one month's salary, and may be paid only out of funds provided by the Council; and the Council may, on application of the Board of Trustees, provide money for such purposes.

Section 1513. The Board of Trustees shall hold quarterly meetings in April, July, October and January of each year and special meetings upon the call of its President, it shall issue warrants, signed by its President and Secretary, to persons entitled thereto for the amount of money ordered paid to such persons from the Firemen's Relief and Pension Fund. Each warrant shall state for what purpose the payment is made.

Section 1514. The Board of Trustees shall keep a public record of its proceedings. It shall at each quarterly meeting send to the Treasurer and to the Auditor a written or printed list of all persons entitled to payments from the Firemen's Relief and Pension Fund, stating the amount of such payment and for what granted; such lists shall be certified and signed by the President and Secretary of the Board. The Auditor shall thereupon enter a copy of such list upon a book to be kept for that purpose which shall be known as the Firemen's Relief and Pension Fund Book. All warrants signed by the President and Secretary of the Board shall be presented to the Auditor and ordered paid by him out of said fund.

Section 1515. The Board of Trustees shall possess the power to make rules and regulations for its guidance. No compensation shall be paid to any member of the Board of Trustees for any duty required or performed as a member of said Board of Trustees.

Section 1516. The Board of Trustees shall make an annual estimate necessary to carry into effect the foregoing provisions and transmit the same to the City Administrator who shall cause the same to be included in his annual estimate of the probable expenditures of the City, and the Council shall, on application of the said Board of Trustees, provide the necessary money for the demands of this pension fund.

(Amended by: Stats. 1919, 1931 and 2004.)

Payment Of Pension, Etc., As Credit On Compensation, Etc., Award

Section 1517. If any member of the Department, or the widow, child or children, parent or parents, of a deceased member of the Department, shall receive any payment under the provisions of Division IV of the Labor Code, or any other act or acts of the Legislature, or Constitution, of the State of California, providing for an award, compensation, death or disability payment, because of the disability, sickness, injury, or death arising out of the performance of duty of such member, any payment on account thereof shall be applied as a credit and set-off against any payment on account of salary, pension or other benefit payable under this Article.

(Added by: Stats. 1941.)

No Benefits Based On Awards Of Industrial Accident Commission

Section 1518. No pension shall be paid under this Article on the basis of an award by the Industrial Accident Commission of the State of California.

(Added by: Stats. 1951.)

Allowance For Injury

Section 1519. Any member of the Fire Department sustaining an injury while in the performance of his duty shall be entitled to receive, in addition to the sick leave provided for, such medical, surgical and hospital treatment including nursing, medicines, medical and surgical supplies, crutches and apparatus, including artificial members, as may be required during the continuance of his disability, the same to be provided for by the City; and the Council shall allow the member so injured full pay during the continuance of his disability or until such time as he may be retired on a pension.

(Added by: Stats. 1917; Amended by: Stats. 1919.)