ORD 34745 - Amend sections 22-36 and 22-83 of municipal code re children's pensions •
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4,0,1 „ 's p ' Law Department
LI'A '.� 11; Omaha/Douglas Civic Center
_Mice . *+ 1819 Famam Street,Suite 804
o.����. ��;. .. 98 OCT Omaha,Nebraska 68183-0804
Rory (402)444 5115
4.4TFn FEBRJr� ,,, e , Telefax(402)444-5125
City of Omaha Paul D.Kratz
Hal Daub,Mayor City Attorney
Honorable President •
and Members of the City Council,
The purpose of the attached Ordinance,prepared at the request of Councilmembers Subby Anzaldo
and Paul Koneck,upon recommendation of the City of Omaha Employees Retirement System Board
of Trustees and the City of Omaha Police and Fire Retirement System Board of Trustees,is to clarify
certain provisions of the pension ordinances pertaining to children's pensions.
These amendments make it clear that a disabled child who is totally disabled at the time of death of
either (1) a retiree or (2) an active employee who has attained five years of service credit, and has
been so totally disabled or dependent for support on the retiree or employee since prior to age 18,
shall be entitled to a children's pension until the total disability or total dependency for support
ceases. This applies whether or not such disabled child was under the age of 18 at the time of the
retiree's or employee's death.
Respectfully submitted,
dir ave4,c______
Jo • . Cave!
Assistant City Attorney
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•
ORDINANCE NO. 3
1 AN ORDINANCE to amend sections 22-36 and 22-83 of the Omaha Municipal Code to clarify
2 that children's pensions shall be paid to disabled children during the period of disability
3 or total dependency regardless of such children's age at the date of death of the member;
4 and to provide an effective date.
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
6 Section 1. That Section 22-36 of the Omaha Municipal Code is hereby amended to read
7 as follows:
8 "Sec. 22-36. Widow's, widower's and children's pensions.
9 (a) Upon the death of a member who has retired under the provisions of this article, or any prior
10 retirement provisions duly enacted by the city,and pursuant to which the deceased member qualified
11 for and was receiving a retirement pension at the time of his or her death, the surviving spouse to
12 whom the member has been married for at least one year immediately prior to and at the date of
13 death shall be entitled to receive a monthly pension benefit in an amount equal to 75 percent of the
14 deceased member's accrued service pension,calculated in accordance with the provisions of section
15 22-32 as of the date of retirement. Such monthly pension benefit shall continue until the death or
16 remarriage of the surviving spouse, whichever event occurs first. If such retiree was receiving
17 disability retirement benefits and dies before reaching age 65, the surviving spouse shall receive
18 monthly benefits of either:
19
20 (1) Seventy-five percent of the retiree's monthly disability pension benefit if the
21 employee's disability date was approved prior to June 7, 1983; or
22
23 (2) Seventy-five percent of the retiree's monthly accrued service retirement benefit as
24 determined by section 22-32 if the employee's disability date was approved after June 7,
25 1983.
26 Each of the deceased member's natural or legally adopted children shall be entitled to receive a
27 monthly pension benefit in the amount of five percent of the deceased member's accrued service
28 pension. Said benefit shall not exceed 20 percent at the rate of five percent per child, and shall cease
29 as each child reaches age 18,or marries, or dies,whichever event occurs first;-;however, in the case
30 of a child who is totally disabled at the time of the death of the retiree and has been so totally
31 disabled or totally dependent for support since prior to age 18,whether or not such child was under
• , .
ORDINANCE NO. 397415
PAGE 2
1 the age of 18 at the time of such death, such monthly pension benefit shall be paid until the cessation
2 of total disability or total dependency for support,whichever event occurs first.
3 (b) If a member who has retired under the provisions of this article, or any prior retirement
4 provisions duly enacted by the city, and pursuant to which the deceased member qualified for and
5 was receiving a retirement pension at the time of his or her death, dies leaving no surviving spouse,
6 or upon the subsequent death of the surviving spouse, or where the surviving spouse is not entitled
7 to pension benefits under the provisions of this section, said deceased member's natural or legally
8 adopted child shall be entitled to receive a monthly pension benefit in an amount equal to 75 percent
9 of the deceased member's accrued service pension calculated in accordance with the provisions of
10 section 22-32 as of the date the retirement became effective; and in addition thereto each child shall
11 receive five percent of the accrued service pension, but not to exceed a maximum of 20 percent for
12 all children, until the attainment of age 18, or-marriage, or death, whichever event occurs first;
13 however,in the case of a child who is totally disabled at the time of the death of the retiree and has
14 been so totally disabled or totally dependent for support since prior to age 18, whether or not such
15 child was under the age of 18 at the time of such death, such monthly pension benefit shall emote
16 be paid until the cessation of total disability or total dependency for support,whichever event occurs
17 first. Such monthly pension benefit, in the case of more than one child, shall be apportioned equally
18 among the eligible children.
19 (c) If a member dies after attaining five years of membership service credit, or in the event that
20 death results from a service-connected injury or illness after six months of membership service
21 credit,the surviving spouse to whom the member has been married for at least one year immediately
22 prior to and at the date of death shall be entitled to receive a monthly service pension benefit in an
23 amount equal to 75 percent of the deceased member's accrued service pension, calculated in
24 accordance with the provisions of section 22-32 as of the date of death. Such monthly pension
25 benefits shall continue until death or remarriage, whichever event occurs first..
26 Each of the deceased member's natural or legally adopted children shall be entitled to receive a
27 monthly pension benefit in the amount of five percent of the deceased member's accrued service
28 pension. Said benefit shall not exceed 20 percent at the rate of five percent per child, and shall cease
29 as each child reaches age 18,marries,or dies, whichever event occurs first:however, in the case of
30 a child who is totally disabled at the time of the death of the member and has been so totally disabled
31 or totally dependent for support since prior to age 18, whether or not such child was under the age
32 of 18 at the time of such death,such monthly pension benefit shall be paid until the cessation of total
33 disability or total dependency for support,whichever event occurs first.
34 (d) If a member dies after attaining five years of membership service credit and leaves no
35 surviving spouse, or upon the subsequent death of the surviving spouse, or where the surviving
36 spouse is not entitled to benefits under the provisions of this section, said deceased member's natural
37 or legally adopted child shall be entitled to receive a monthly pension benefit in an amount equal to
38 75 percent of the deceased member's accrued service pension, calculated in accordance with the
•
•
ORDINANCE NO. .
PAGE 3
1 provisions of section 22-32 as of the date of death; in addition thereto, each child shall receive five
2 percent of the accrued service pension, but not to exceed a maximum of 20 percent for all children
3 until the attainment of age 18,or-marriage, or death, whichever event occurs first; however, in the
4 case of a child who is totally disabled at the time of the death of such member and has been so totally
5 disabled or totally dependent for support since prior to age 18, whether or not such child was under
6 the age of 18 at the time of such death, such monthly pension benefit shall be paid until the cessation
7 of total disability or total dependency for support, whichever event occurs first. Such monthly
8 pension benefit, in the case of more than one child, shall be apportioned equally among the eligible
9 children."
10 Section 2. That Section 22-83 of the Omaha Municipal Code is hereby amended to read as
11 follows:
12 "Sec. 22-83. Children's pension; death of active member.
13 Monthly pensions shall-become payable to the unmarried children under age 18 of a deceased
14 member:
15 (a) If the deceased member was an active member of the system at the time of death and such
16 death resulted from causes connected with service in the line of duty; or
17 (b) If the deceased member was an active member of the system at the time of death and such
18 death did not result from causes connected with service in the line of duty; or
19 If the deceased member was a retired member of the system. The amount of monthly pension
20 payable to each child shall be based on the member's final monthly, compensation as follows:
21 One child: 15 percent.
22 Two children: 30 percent.
23 Three children: 45 percent.
24 Four or more children: 50 percent.
25 The pension to each child shall be paid monthly to age 18 or upon death or marriage; provided
26 that, in the event any child is totally disabled at the time of the death of the deceased member and
27 has been so totally disabled or totally dependent for support since prior to age 18,whether or not
28 such child was under the age of 18 at the time of such death, such monthly pension benefit shall
29 eontiritie be paid until the cessation of total disability or dependency for support, whichever
30 occurs first. Any payment aforesaid, regardless of whether due or hereinafter to become due, at
31 the option of the city,may be paid to any parent or guardian of the child or children for his,her
32 or their care, either method of payment being in full satisfaction of the requirements of this
33 section.
•
ORDINANCE NO. .3 4/24/5
PAGE 4 •
1 Section 3. That Sections 22-36 and 22-83 of the Omaha Municipal Code as heretofore
2 existing are hereby repealed...
3 Section 4. That this Ordinance shall be in force and take effect(15) fifteen days from and
4 after its date of passage.
INTRODUCED BY COUNCILMEMBER
714%.4.173,49&44, * APPR t;F i BY:
PASSED NOV 1 7 1996 �� MAYOR OF THE CITY OF OMAHA
ATTEST:
4CIT7/X.4./
F THE I-TY OF OMAHA DATE
APPROVED AS TO FORM:
7,4(
AS IST T CITY ATTORNEY DATE
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