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BULLET St. Louis City Revised Code Chapter 4.18 Firemen's Retirement System

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 4.18
Firemen's Retirement System

Sections:

4.18.010 Definitions.
4.18.015 Created.
4.18.020 Membership--Exclusive.
4.18.025 Membership--Absence.
4.18.030 Creditable service--Filing statement.
4.18.035 Creditable service--Year equivalent.
4.18.040 Creditable service--Verification.
4.18.045 Creditable service--Prior service.
4.18.050 Creditable service--Retirement base.
4.18.055 Board of Trustees--Composition--Vacancy--Compensation--Oath--Votes.
4.18.060 Board of Trustees--Jurisdiction.
4.18.065 Board of Trustees--Officers--Employees.
4.18.070 Board of Trustees--Data for actuarial valuation.
4.18.080 Board of Trustees--Records--Reports.
4.18.085 Legal Advisor.
4.18.090 Medical Board.
4.18.095 Actuary.
4.18.100 Actuarial investigation and tables.
4.18.105 Annual valuation of funds.
4.18.110 Contribution rates.
4.18.115 Retirement--By Board of Trustees.
4.18.120 Retirement--Written application after twenty-five years of service--Compulsory retirement--Seventy percent requirement.
4.18.125 Consumer Price Index increase.
4.18.130 Service retirement allowance.
4.18.131 DROP program.
4.18.132 Benefit increases--Funding.
4.18.135 Resigned members leaving contributions in system.
4.18.140 Credit for service in armed forces during war.
4.18.145 Ordinary disability allowance--Application.
4.18.150 Ordinary disability allowance--Computation.
4.18.155 Accidental disability allowance--Application.
4.18.157 Accidental disability allowance--Amount.
4.18.160 Accidental disability allowance--Computation.
4.18.165 Increases in allowances.
4.18.170 Medical exams for continuance of disability allowances.
4.18.175 Adjustment of disability allowances.
4.18.180 Reinstatement of disabled members.
4.18.185 Death benefits--Retired members or members on disability allowance.
4.18.195 Death benefits--Accidental death in service.
4.18.200 Death benefits--Resigned member.
4.18.201 Death benefits--Funeral expenses.
4.18.205 Death benefits--Result of accident while on duty.
4.18.207 Special consultants on problems of retirement.
4.18.208 Special advisors to Retirement System.
4.18.209 Special advisor to Retirement System--Staggered refunds.
4.18.210 Early withdrawal of funds.
4.18.215 Payment of difference between benefits paid and accumulated contributions.
4.18.220 Members covered under this chapter.
4.18.225 Funds--Investments.
4.18.226 Funds--Use of representative to acquire and dispose of investments.
4.18.230 Funds--Interest rates.
4.18.235 Funds--Custodian--Vouchers.
4.18.240 Funds--Cash on hand--Deposits.
4.18.245 Funds--Board and employees restricted on gains.
4.18.250 Funds--Enumerated.
4.18.255 Members' savings fund.
4.18.260 Member contribution--Percentage.
4.18.265 Member contribution--Consent--Crediting individual account.
4.18.270 Member contribution--Refunds, additional benefits.
4.18.275 Member contribution--Cash payment or note.
4.18.280 Benefit reserve fund.
4.18.285 General reserve fund--City contributions.
4.18.290 General reserve fund--Contributions and payments.
4.18.295 General reserve fund--Normal contribution rate.
4.18.300 General reserve fund--Accrued liability contribution rate.
4.18.305 General reserve fund--Amounts payable.
4.18.310 General reserve fund--Discontinuing liability contributions.
4.18.315 Expense fund.
4.18.320 Certification of amounts due the general reserve fund.
4.18.325 Fund reserves.
4.18.330 Benefits exempt from taxes and attachments.
4.18.335 Transfer of existing funds.
4.18.340 Initial appropriation.
4.18.345 Amendment and repeal.
4.18.350 Required funding amount--Certification.
4.18.351 Cost of living benefits--Retirees, surviving spouses and dependent children.
4.18.355 Required funding amount--Definitions.
4.18.360 Surplus Reserve Fund--Created.
4.18.365 Future benefit fund--Use.
4.18.370 Transfer of annual surplus.
4.18.375 Surplus excluded from System assets.
4.18.380 Final surplus determination.
4.18.385 Sections 4.18.350 through 4.18.380--Expiration.
4.18.386 Accumulated sick leave.

Prior history:

Ords. 46927, 48174, 49623, 52218, 55177, 56444: 1948 C. Ch. 25.

City Counselor Ops.: 7955, 8031, 8035, 8048, 8060, 8069, 8165, 8243, 8245, 8550, 8570, 8642, 9108, 9109, 9306

4.18.010 Definitions.

The following words and phrases as used in this chapter, unless a different meaning is plainly required by the context, have the following meanings:

A. "Accumulated contributions" means the sum of all amounts deducted from the compensation of a member and credited to his individual account in the members' savings fund together with interest thereon.

B. "Actuarial equivalent" means a benefit of equal value when computed upon the basis of mortality tables and interest rate as adopted by the Board of Trustees.

C. "Average final compensation" means the average earnable compensation of the member during his last two (2) years of service as a fireman, or if he has had less than two (2) years of service, then the average earnable compensation of his entire period of service.

D. "Beneficiary" means any person in receipt of a retirement allowance or other benefit as provided by this chapter.

E. "Benefit reserve" means the present value of all payments to be made on account of any retirement allowance or benefit in lieu of a retirement allowance upon the basis of such mortality tables and interest rate as shall be adopted by the Board of Trustees.

F. "Board of Trustees" means the Board provided for in Section 4.18.055 to administer the Retirement System.

G. "Creditable service" means prior service plus membership service as provided in Sections 4.18.030 through 4.18.050.

H. "DROP" means the deferred retirement option plan provided for in Section 4.18.131.

I. "Earnable compensation" means the regular compensation which a member would earn during one year on the basis of the stated compensation for his rank or position.

J. "Fireman" means any officer or employee of the Fire Department of the City employed by the City for the duty of fighting fires, but does not include anyone employed in a clerical or other capacity not involving firefighting duties. In case of doubt as to whether any person is a fireman within the meaning of this chapter, the decision of the Board of Trustees shall be final.

K. "Medical Board" means the Board of Physicians provided for in Section 4.18.090.

L. "Member" means a member of the Retirement System as defined by Section 4.18.020.

M. "Membership service" means service as a fireman rendered since last becoming a member.

N. "Prior service" means all service as a fireman rendered prior to the date the system becomes operative which is creditable in accordance with the provisions of Sections 4.18.030 through 4.18.050.

O. "Retirement allowance" means annual payments for life which shall be payable in equal monthly installments or any benefits in lieu thereof granted to a member upon retirement or to a beneficiary.

P. "Retirement System" means the Firemen's Retirement System of any city as defined in Section 4.18.015.

Q. "Widow" means the surviving spouse of a member.
(Ord. 62994 2, 1993: prior: Ord. 62372 2, 1991; Ord. 59716 2, 1986; Ord. 58179 1 (part), 1980: Ord. 56444 1, 1973: Ord. 50707 1, 1961: Ord. 49623 1, 1959: 1960 C. 335.010.)

Constitution:

Art 6 25 General assembly may authorize a city or county to provide retirement systems for its officers and employees

Charter:

Art. XVIII 3(r) Retirement system

V.A.M.S.:

87.005 et seq. Firemen's retirement and relief systems

City Counselor Ops: 10438

Cases:

Enabling statute authorizing city of 700,000 or more to provide for a fire department pension plan is permissive and does not automatically amend existing plan, see Trantina v. Bd. of Trustees of Fire Retir. Sys., 503 S.W. 2d 148.

McQuillin:

12.141 et seq. Pension laws

4.18.015 Created.

Under authority of an act of the Seventieth General Assembly known as Senate Bill No. 314 approved June 17, 1959 there is created and established the Firemen's Retirement System of St. Louis and by such name all of its business shall be transacted, all of its funds invested and all of its cash, securities and other property held. It shall be under the management of a Board of Trustees as provided in this chapter. It shall begin operation as soon as practicable after January 1, 1960.
(Ord. 49623 2, 1959: 1960 C. 335.020.)

4.18.020 Membership--Exclusive.

All persons who are firemen shall be members as a condition of their employment and shall receive no pension or retirement allowance from any other pension or retirement system supported wholly or in part by the City or the state because of years of service for which they are entitled to benefits under this system nor shall they be required to make contributions under any other pension or retirement system of the City or the state, anything to the contrary notwithstanding.
(Ord. 49623 3(l), 1959: 19606. 335.030.)

4.18.025 Membership--Absence.

A. If any member, in any period of five consecutive years after last becoming a member, is absent from service for more than four years unless the member has twenty years or more of creditable service, or if any member withdraws the member's accumulated contributions, or if any member becomes a beneficiary the person shall thereupon cease to be a member; except in the case of a member who has served in the armed forces of the United States or retired pursuant to Section 87.170 RSMo., as amended, and is subsequently reinstated as a fireman or as a member in beneficiary status as a widow.

B. Any member who is reinstated after retiring pursuant to conditions in Section 87.170 RSMo., as amended, shall not be eligible to participate in the benefit provided pursuant to Section 87.182 RSMo., as amended.
(Ord. 63988 2, 1997: prior: Ord. 49623 3(2), 1959: 1960 C. 335.040.)

4.18.030 Creditable service--Filing statement.

Under rules and regulations the Board of Trustees adopts, each member who was a fireman on and prior to the date of the establishment of the Retirement System shall file a detailed statement of all services as a fireman rendered by him prior to that date for which he claims credit.
(Ord. 49623 4(1), 1959: 1960 C. 335.050.)

4.18.035 Creditable service--Year equivalent.

The Board of Trustees shall fix and determine by proper rules and regulations how much service in any year is equivalent to one year of service, but in no case shall more than one year of service be creditable for all service in one calendar year, nor shall the Board of Trustees allow credit as service for any period of more than one month's duration during which the member was absent without pay.
(Ord. 49623 4(2), 1959: 1960 C. 335.060.)

4.18.040 Creditable service--Verification.

Subject to the restrictions in Sections 4.18.030 and 4.18.035 and to other rules and regulations the Board of Trustees may adopt, the Board of Trustees shall verify the service claims as soon as practicable after the filling of the statement of service.
(Ord. 49623 4(3), 1959: 1960 C. 335.070.)

4.18.045 Creditable service--Prior service.

Upon verification of the statements of service the Board of Trustees shall issue prior service certificates, certifying to each member the length of prior service with which he is credited on the basis of his statement of service. So long as the holder of the certificate continues to be a member, a prior service certificate shall be final and conclusive for retirement purposes as to service, except that any member may, within one year from the date of issuance or modification of the certificate request the Board of Trustees to modify or correct his prior service certificate, and upon such request or of its own motion the Board may correct the certificate. When any fireman ceases to be a member his prior service certificate shall become void. Should he again become a member, he shall enter the Retirement System as a member not entitled to prior service credit except as provided in Section 4.18.180.
(Ord. 49623 4 (4), 1959: 1960 C. 335.080.)

4.18.050 Creditable service--Retirement base.

Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of creditable membership service rendered by him, and also if he has a prior service certificate which is in full force and effect, the amount of the service certified on his prior service certificate. Service rendered by a fireman after the operative date and prior to becoming a member shall be included as creditable membership service provided the service was rendered since he last became a fireman.
(Ord. 49623 4(5), 1959: 1960 C. 335.090.)

4.18.055 Board of Trustees--Composition--Vacancy--Compensation--Oath--Votes.

A. The general administration and the responsibility for the proper operation of the Retirement System shall be vested in a Board of Trustees of eight persons. The Board shall be constituted as follows:

1. The Chief of the Fire Department of the City, ex officio;

2. The Comptroller or Deputy Comptroller of the City, ex officio;

3. Two members to be appointed by the Mayor of the City to serve for a term of two years;

4. Three members to be elected by the members of the Retirement System for a term of three years who shall be members of the system and hold office while members of the system;

5. One member who shall be a retired fireman to be elected by the retired fireman who shall hold office for a term of three years.

B. If a vacancy occurs in the office of Trustee the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled.

C. The Trustees shall serve without compensation, but they shall be reimbursed from the expense fund for all necessary expenses which they may incur through service on the Board.

D. Each Trustee shall within ten days after his appointment or election take an oath of office before the Clerk of the Circuit Court of the City, that, so far as it devolves upon him, he will diligently and honestly administer the affairs of the Board and that he will not knowingly violate or willingly permit to be violated any of the provisions of the law applicable to the Retirement System. The oath shall be subscribed to by the member making it and certified by the Clerk of Circuit Court and filed in his office.

E. Each Trustee shall be entitled to one vote on the Board. Five votes shall be necessary for a decision by the Trustees at any meeting of the Board.
(Ord. 59018 1, 1984: prior: Ord. 58242 3 (part), 1981: Ord. 49623 5, 1959: 1960 C. 335.100.)

4.18.060 Board of Trustees--Jurisdiction.

The Board of Trustees shall have exclusive original jurisdiction in all matters relating to or affecting the funds provided for in this chapter, including, in addition to all other matters, all claims for benefits and refunds under this law, and its action, decision or determination in any matter shall be reviewable under Chapter 536, RSMo, only, and any party to the proceedings shall have a right of appeal from the decision of the reviewing court. Subject to the limitations of this act, the Board of Trustees shall, from time to time, establish rules and regulations for the administration of funds created by this law, for the transaction of its business, and for the limitation of the time within which claims may be filed.
(Ord. 49623 6,1959: 1960 C. 335.110.)

City Counselor Ops.: 8848, 8967, 10262

4.18.065 Board of Trustees--Officers--Employees.

The Board of Trustees shall elect from its membership a chairman, and shall by majority vote of its members appoint a secretary who may be one of its members. It may engage actuarial and other services as required to transact the business of the Retirement System. The compensation of all person engaged by the Board of Trustees and all other expenses of the Board necessary for the operation of the Retirement System shall be paid at such rates and in amounts the Board and Trustees shall approve.
(Ord. 49623 7, 1959: 1960 C. 335.120.)

City Counselor Ops.: 8730

Cases:

Article XVIII of the City Charter did not apply to the positions of secretary and clerk-typist employed in the service of the Firemen's Retirement System of St. Louis, thus those positions were not subject to civil service rules. Firemen's Retirement System v. St. Louis, 789 S.W. 2d 484 (Mo.banc. 1990).

4.18.070 Board of Trustees--Data for actuarial valuation.

The Board of Trustees shall keep in convenient form data as is necessary for actuarial valuation of the funds of the Retirement System and for checking the experience of the system.
(Ord. 49623 8(1), 1959: 1960 C. 335.130.)

4.18.080 Board of Trustees--Records--Reports.

The Board of Trustees shall keep a record of all its proceedings which shall be open to public inspection. It shall publish annually a report showing the fiscal transactions of the Retirement System for the preceding fiscal year, the amount of the accumulated cash and securities of the system, and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of the assets and liabilities of the Retirement System.
(Ord. 49623 8(2), 1959: 1960 C. 335.140.)

4.18.085 Legal Advisor.

The City Counselor of the City shall be the Legal Advisor of the Board of Trustees.
(Ord. 49623 9(1), 1959: 1960 C. 335.150.)

4.18.090 Medical Board.

The Board of Trustees shall designate a Medical Board to be composed of three physicians who shall arrange for and pass upon all medical examinations required under the provisions of this act, shall investigate all essential statements and certificates made by or on behalf of a member in connection with an application for disability retirement and shall report in writing to the Board of Trustees its conclusions and recommendations upon all the matters referred to it.
(Ord. 49623 9(2), 1959: 1960 C. 335.160.)

City Counselor Ops.: 8967, 10517

4.18.095 Actuary.

The actuary shall be the technical adviser of the Board of Trustees on matters regarding the operation of the funds created by this act and shall perform other duties as are required in connection therewith. He shall be qualified by membership as a Fellow in the Society of Actuaries.
(Ord. 49623 10(1), 1959: 1960 C. 335.170.)

City Counselor Ops.: 9085

4.18.100 Actuarial investigation and tables.

The Board of Trustees shall have made every five years an actuarial investigation into the mortality, service and compensation experiences of the members and beneficiaries of the Retirement System and, taking into account the results of the investigation and valuation, the Board of Trustees shall establish for the Retirement System mortality, service and other tables as necessary.
(Ord. 49623 10(2), 1959: 1960 C. 335.180.)

4.18.105 Annual valuation of funds.

On the basis of the tables as the Board of Trustees adopt, the actuary shall make an annual valuation of the assets and liabilities of the funds of the system.
(Ord. 49623 10(3), 1959: 1960 C. 335.190 (part).)

4.18.110 Contribution rates.

On the basis of the valuation the Board of Trustees shall certify the rates of contribution payable by the City.
(Ord. 49623 10(4), 1959: 1960 C. 335.190 (part).)

4.18.115 Retirement--By Board of Trustees.

Retirement of a member on a service retirement allowance shall be made by the Board of Trustees subject to Sections 4.18.120 and 4.18.125.
(Ord. 49623 11 (part), 1959: 1960 C. 335.200.)

4.18.120 Retirement--Written application after twenty-five years of service--Compulsory retirement--Seventy percent requirement.

A. Any member may retire upon the member's written application to the Board of Trustees setting forth at what time, not less than thirty days nor more than ninety days subsequent to the execution and filing therefor, the member desires to be retired, if the member at the time so specified for such member's retirement has twenty-five years or more of service; except that a member who ceases to be a fireman after twenty years or more of service may retire prior to the twenty-five years of service with a retirement allowance based on such member's years of service.

B. Any member in service upon attaining the age of sixty, if qualifying for a service retirement allowance equal to seventy-five percent of the average final compensation, may be retired forthwith; except that with respect to any member, the Board shall not retire such member when the member attains sixty years of age or more merely because the member has attained that age unless the member so requests or the member has completed thirty or more years of service, even if a portion of such service is not creditable service pursuant to participation in the deferred retirement option plan prescribed by Ordinance 62994.

C. Any member who qualifies for a service retirement allowance of seventy-five percent or over and has not attained the sixty years of age may be retained as a member until sixty years of age, with no increase in retirement allowance.
(Ord. 63591 2, 1995: prior: Ord. 63286 2, 1994: Ord. 59018, 1, 1983: Ord. 57603 (part), 1978: Ord. 55177 1, 1968: Ord. 49623 11(1), 1959: 1960 C. 335.210.)

City Counselor Ops.: 9395, 9396

4.18.125 Consumer Price Index increase.

The retirement allowance due any member under the provisions of Section 87.120 to 87.370 R.S.Mo. 1978, as amended, which said member retires from service prior to February 15, 1978 with a retirement service allowance, may be increased at the rate of three percent (3%) per year whenever it has been determined by the Board of Trustees that the consumer price index as published by the United States Department of Labor shows an increase of at least three percent (3%) for three (3) consecutive months in the twelve (12) month period preceding; at the discretion of the Board of Trustees a cash payment may be made in lieu of such percentage increase in an amount to be determined by the Board but not to exceed fifty dollars ($50.00), and not to exceed a total increase of twenty-five percent (25%). Such increase in retirement allowance shall commence in the payment for the first month following the determination by the Board of Trustees shall, at a regular meeting or at a special meeting called for that purpose, consider the question of whether there has been an increase in such Consumer Price Index.
(Ord. 60025 1, 1986: prior: Ord. 59578 1, 1985: Ord. 59018 2, 1983: Ord. 57603 (part), 1978: Ord. 55177 1, 1968: Ord. 49623 11(2), 1959: 1960 C. 335.220.)

City Counselor Ops.: 9395, 9396

4.18.130 Service retirement allowance.

A. Upon retirement for service, a member shall receive a service retirement allowance which shall be equal to fifty percent of the average final compensation, plus an amount equal to five percent of the average final compensation for each additional year of service after twenty-five years, but no service retirement allowance shall exceed an amount equal to seventy-five percent of the average final compensation.

B. In addition to any other annuity or retirement allowance payable under this section and Sections 87.195 and 87.205 R.S.Mo., any member upon retirement application approval shall be repaid the total amount of the member's contribution to the retirement system, without interest. Any beneficiary, upon the receipt of evidence and proof of the death of an active member, shall be repaid the total amount of the member's contribution to the Firemen's Retirement System, without interest. The Board shall pay the beneficiary such total amount of the member's contribution to the Retirement System within sixty days after the date of the death of the member.

C. Any annuity or retirement allowance repaid to a member under subsection B of this section shall be withdrawn from the member's contribution fund of the Firemen's Retirement System and no moneys shall be withdrawn from the general revenue fund of the City.
(Ord. 63591 3, 1995: prior: Ord. 63286 3, 1994: Ord. 59018 3, 1983: Ord. 58651 1--3, 1982.)

Cases:

The argument that City of St. Louis Ordinance No. 59018 was invalid for failing to adopt the formula for calculating pension benefits provided by statute was rejected. Firemen's Ret. Sys. v. City of St. Louis, 754 S.W. 2d 21 (Mo.App. 1988).

4.18.131 DROP program.

A. The Board may develop and establish a deferred retirement plan program (DROP) which may include a self-directed program, in which members eligible for retirement may participate. The DROP program shall be designed to allow members with at least twenty years of creditable service who have achieved eligibility for retirement and receipt of a service retirement allowance to continue active employment and defer receipt of the retirement allowance for a period not to exceed five years. Any member who has at least twenty years of creditable service may elect in writing before retirement to participate in the DROP program. A member electing to participate in the DROP program shall continue in active employment and shall not receive any direct retirement allowance payments during the time of participation. Upon the start of participation in the DROP program, the member shall make the contributions as provided in Section 87.295. No contribution shall be required by the city. During the period of participation in the DROP program, the amount that the member would have received as a service retirement allowance shall be deposited monthly in the member's DROP account which shall be established in his or her name by the board. Service earned during the period of participation in the DROP program shall not be creditable service and shall not be counted in determination of any service retirement allowance.

B. If a member who has elected to participate in the DROP program chooses to stop participation in the DROP program, he or she shall notify the board in writing. Upon receipt of notice of a member's desire to end participation in the DROP program, the board shall return the member to non-DROP participation status and both the member and the city shall make the contributions required by Sections 87.120 to 87.370. Service rendered after restoration of the member to non-DROP participation status shall be counted as creditable service. No member ending participation in the DROP program and returning to non-DROP participation status shall make any withdrawal from his or her DROP account until after termination of employment. If after return to non-DROP participation status, a member retires, the member's retirement allowance shall be computed on the combination of the member's pre-DROP service retirement allowance plus an additional allowance earned by a member after returning to non-DROP participation status. Post-DROP participation years of service will be the only years used in computing the additional allowance; however, total years of creditable service will be used to determine the appropriate level of additional allowance, two percent or five percent, for each year of post-DROP participation service. Upon retirement the member shall receive additional benefits as provided under the provisions of Sections 87.120 to 87.371 plus the amount which has accumulated in his or her DROP account. The amount in the member's DROP account shall be payable, at the member's option, either as a lump sum payment or as a periodic payment calculated according to a deferred payment plan established by the board.

C. A member who terminates employment after participation in the DROP program may withdraw any amount in his or her DROP account in a lump sum or according to a deferred payment plan established by the board at his option. If the member is eligible to receive a service retirement allowance, benefit payment shall begin at the time specified in Sections 87.120 to 87.370.

D. If a member dies prior to termination of employment while participating in the DROP program, the funds in his or her DROP account shall be payable to the member's designated beneficiary under either of the following options:

1. A lump sum payment equal to the amount in the member's DROP account shall be paid to the beneficiary or the member's estate. The benefits for a beneficiary provided under the provisions of Sections 87.120 to 87.370 shall be based on the member's compensation and creditable service prior to the member's election to participate in the DROP program; or

2. The beneficiary shall waive any right, claim or interest in the member's DROP account and any benefits payable to the beneficiary under the provisions of Sections 87.120 to 87.370 shall be calculated as if the member had continued as an employee and had not elected to participate in the DROP program. Any funds in a DROP account which has been waived as provided in this subsection shall become funds of the system.

E. If a member who has elected to participate in the DROP program subsequently applies for and receives benefits for an accidental disability retirement allowance under the provisions of Section 87.205, the member shall forfeit all rights, claims or interest in his or her DROP account and the member's benefits shall be calculated as if the member had continued in employment and had not elected to participate in the DROP program. Any funds in a DROP account which has been forfeited as provided in this subsection shall become funds of the system.

F. Except in the case of any self-directed program, a member's DROP account shall earn interest equal to the percentage rate of return of the system's investment portfolio as certified annually by the system's actuary in the yearly evaluation report. Except in the case of any self-directed program, the interest shall be credited annually to the member's account beginning with the start of the second fiscal year of participation.

G. No member may elect to participate in the DROP program more than once.
(Ord. 65993 1, 2003: prior: Ord. 63591 3, 1995: Ord. 62994 3, 1993.)

4.18.132 Benefit increases--Funding.

The funding for increases in benefit provisions of Sections 87.170, 87.175, 87.182 and 87.371 RSMo shall be funded from the future benefits fund.
(Ord. 63591 4, 1995.)

4.18.135 Resigned members leaving contributions in system.

A member who ceases to be a fireman after twenty years or more of service and leaves his contributions with the system may receive either:

A. A retirement allowance upon attaining normal retirement age calculated in the same manner as if he were that age when he ceased to be a fireman; or

B. A retirement allowance beginning any time prior to normal retirement age which is the actuarial equivalent of the retirement allowance he would be entitled to at normal retirement age.
(Ord. 55177 1, 1968: prior: Ord. 49623 13, 1959: 1960 C. 335.240.)

City Counselor Ops.: 9395,9396

4.18.140 Credit for service in armed forces during war.

If, at any time since first becoming a member of the Retirement System, a member has served in the armed forces of the United States, in any war or period of armed hostilities between the armed forces of the United States and those of a foreign power, and has subsequently been reinstated as a fireman within ninety days after his discharge, he shall be granted credit for such service as if his service in the Fire Department of the City had not been interrupted by his induction into the armed forces of the United States, and as if he had made the required contributions during such service. If earnable compensation is needed for such period in computation of benefits it shall be calculated on the basis of the compensation payable to the officers of his rank during the period of his absence.
(Ord. 49623 14, 1959: 1960 C. 335.250.)

4.18.145 Ordinary disability allowance--Application.

Upon the application of a member in service or of the Chief of the Fire Department, any member who has had five years or more of creditable service shall be retired by the Board of Trustees not less than thirty and not more than ninety days next following the date of filing the application on an ordinary disability retirement allowance, if the Medical Board after a medical examination of the member shall certify that the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired.
(Ord. 50707 1, 1961: prior: Ord. 49623 15, 1959: 1960 C. 335.260.)

Cases:

Former fireman's claim for disability benefits under the St. Louis Firemen's Retirement System was barred by five-year statute of limitations. Hildebrand v. Firemen's Retirement System of St. Louis, 527 F.2d 567 (1975).

City Counselor Ops.: 10517

4.18.150 Ordinary disability allowance--Computation.

The retirement allowance due any member under the provisions of Section 87.120 to 87.370 R.S.Mo. 1978, as amended, which said member retires from service prior to February 15, 1973 with an ordinary disability allowance, may be increased at the rate of three percent (3%) per year whenever it has been determined by the Board of Trustees that the consumer price index as published by the United States Department of Labor shows an increase of at least three percent (3%) for three (3) consecutive months in the twelve (12) month period preceding; at the discretion of the Board of Trustees a cash payment may be made in lieu of such percentage increase in an amount to be determined by the Board but not to exceed fifty ($50.00) dollars, and not to exceed a total increase of twenty-five (25%) percent. Such increase in the retirement allowance shall commence in the payment for the first month following the determination by the Board of Trustees. At least once each quarter the Board of Trustees shall, at a regular meeting or at a special meeting called for that purpose, consider the question of whether there has been an increase in such consumer price index.
(Ord. 60025 3, 1986: prior: Ord. 59578 3, 1986: Ord. 59018 4, 1983: Ord. 55177 1, 1968: Ord. 50707 1, 1961: Ord. 49623 16, 1959: 1960 C. 335.270.)

City Counselor Ops.: 9395, 9396, 105 17

4.18.155 Accidental disability allowance--Application.

Upon application by the member or the Chief of the Fire Department, any member who has become totally and permanently incapacitated for duty as the natural and proximate result of an accident occurring while in the actual performance of duty or exposure while in the actual performance of duty in response to an emergency call shall be retired by the Board of Trustees, if the Medical Board shall certify that the member is mentally or physically incapacitated for further performance of duty, that the incapacity is likely to be permanent and that the member should be retired. If the accident occurred prior to the beginning of the member's twentieth year of service, application for benefits must be made before this time, except that the interval between the date of accident and the application may be at least one year.
(Ord. 59018 5, 1983: prior: Ord. 55177 1, 1968: Ord. 50707 1, 1961: Ord. 49623 17, 1959: 1960 C. 335.280.)

Cases:

Former fireman's claim for disability benefits under the St. Louis Firemen's Retirement System was barred by five-year statute of limitations. Hildebrand v. Firemen's Retirement System of St. Louis, 527 F.2d 567 (1975).

City Counselor Ops: 9138, 9395, 9396, 10244, 10517

4.18.157 Accidental disability allowance--Amount.

A. Upon retirement for accidental disability, a member shall receive seventy-five percent of the pay then provided by law for the highest step in the range of salary for the title or rank held by such member at the time of such retirement unless the member is permanently and totally incapacitated from performing any work, occupation or vacation of any kind whatsoever and is continuously confined to the member's home except for visits to obtain medical treatment, in which event the member may receive, in the discretion of the board of trustees, a retirement allowance in an amount not exceeding the member's rate of compensation as a firemen in effect as of the date the allowance begins.

B. Anyone who has retired pursuant to the provisions of Section 87.170 RSMo., as amended, and has been reinstated pursuant to subsection 2 of Section 87.130 RSMo., as amended, who subsequently becomes disabled as provided in Section 87.200 RSMo., as amended, shall receive a total benefit which is the higher of either the disability pension or the service pension.
(Ord. 63988 3, 1997.)

4.18.160 Accidental disability allowance--Computation.

The retirement allowance due any member under the provisions of Section 87.120 to 87.370 R.S.Mo. 1978, as amended which said member retires from service prior to February 15, 1973, accident disability allowance may be increased at the rate of three percent (3%) per year whenever it has been determined by the Board of Trustees that the consumer price index as published by the United States Department of Labor shows an increase of at least three percent (3%) for three (3) consecutive months in the twelve (12) month period preceding; at the discretion of the Board of Trustees a cash payment may be made in lieu of such percentage increase in an amount to be determined by the Board but not to exceed fifty dollars ($50.00), and not to exceed a total increase of twenty-five (25%) percent. Such increase in retirement allowance shall commence in the payment for the first month following the determination by the Board of Trustees. At least once each quarter the Board of Trustees shall, at a regular meeting or at a special meeting called for that purpose, consider the question of whether there has been an increase in such consumer price index.
(Ord. 60025 2, 1986: prior: Ord. 59578 3, 1986: Ord. 54780 1, 1967: Ord. 49623 18, 1959: 1960 C. 335.290.)

City Counselor Ops.: 8886, 8950, 9646, 10517

4.18.165 Increases in allowances.

A. The following allowances due under the provisions of Sections 87.120 to 87.370 R.S.Mo. of any member who retired from service shall be increased annually, as approved by the Board of Trustees beginning with the first increase in the October following his retirement and subsequent increases in each October thereafter, at the rates designated:

1. With a retirement service allowance or ordinary disability allowance,

a. One and one-half percent per year, compounded each year, up to age sixty for those retiring with twenty to twenty-four years of service,

b. Two and one-fourth percent per year, compounded each year, up to age sixty for those retiring with twenty-five to twenty-nine years of service,

c. Three percent per year, compounded each year, up to age sixty for those retiring with thirty or more years of service,

d. After age sixty, five percent per year for five years or until a total maximum increase of twenty-five percent is reached,

2. With an accidental disability allowance, three percent per year, compounded each year, up to age sixty then five percent per year for five years or until a total maximum increase of twenty-five percent is reached.

B. Each increase, however, is subject to a determination by the Board of Trustees that the consumer price index (United States Average Index) as published by the United States Department of Labor shows an increase of not less than the approved rate during the latest twelve-month period for which the index is available at date of determination. If the increase is in excess of the approved rate for any year, the excess shall be accumulated as to any retired member and increases may be granted in subsequent years subject to the maximum allowed for each full year from October following his retirement but not to exceed a total increase of twenty-five percent. If the Board of Trustees determines that the index has decreased for any year, the benefits of any retired member that have been increased shall be decreased but not below his initial benefit. No annual increase shall be made of less than one percent and no decrease of less than three percent except that any decrease shall be limited by the initial benefit.
(Ord. 59018 6, 1983: prior: Ord. 58179 1 (part), 1980: Ord. 56444 1, 1973: 1960 C. 335.295.)

City Counselor Ops.: 10438

4.18.170 Medical exams for continuance of disability allowances.

Once each year during the first five years following the retirement of a member on a disability retirement allowance, and once in every three year period thereafter, the Board of Trustees may, and upon his application shall, require any disability beneficiary to undergo a medical examination, the examination to be made at a place designated by the Medical Board, and to be made by the Medical Board or by a physician or physicians designated by the Medical Board. Should any disability beneficiary refuse to submit to a medical examination, his allowance may be discontinued until his withdrawal of the refusal, and if his refusal continues for one year all rights in and to his allowance may be revoked by the Board of Trustees.
(Ord. 49623 19, 1959: 1960 C. 335.300.)

4.18.175 Adjustment of disability allowances.

If the Medical Board reports and certifies to the Board of Trustees that the disability beneficiary is engaged or is able to engage in a gainful occupation other than fireman paying more than the difference between his retirement allowance and one and one-half times the then current rate of pay for the rank held by the member at the time of retirement, and if the Board of Trustees concurs in the report, then the amount of his retirement allowance shall be reduced to an amount which together with the amount earnable by him in such other occupation shall equal the amount of such current rate of pay. If his earning capacity is later changed, the amount of his retirement may be further modified. If any disability beneficiary is found by the Medical Board to be able to engage in the occupation of fireman, his retirement allowance shall not cease until he is restored to active service at the position and title held by the disability beneficiary at the time the disability occurred.
(Ord. 54779 1, 1967: prior: Ord. 53605 1, 1965: Ord. 49623 20, 1959: 1960 C. 335.310.)

4.18.180 Reinstatement of disabled members.

A. If the Medical Board reports and certifies to the Board of Trustees that the disability beneficiary is engaged or is able to engage in a gainful occupation other than fireman paying more than the difference between his retirement allowance and one and one-half times the then current rate of pay for the rank held by the member at the time of retirement, and if the Board of Trustees concurs in the report, then the amount of his retirement allowance shall be reduced to an amount which together equal the amount of such current rate of pay. If his earning capacity is later changed, the amount of his retirement may be further modified. If any such disability beneficiary is found by such Medical Board to be able to engage in the occupation of fireman, his retirement allowance shall not cease until he is restored to active service at the position and title held by such disability beneficiary at the time such disability occurred.

B. If a disability beneficiary is restored to active service, his retirement allowance shall cease and he shall again become a member. His creditable service at the time of his retirement shall be restored to full force and effect and in addition, upon his subsequent retirement, he shall be credited with all his additional service as a member, and if his then average final compensation is less than the average final compensation used in determining his disability benefits, the latter amount shall be used in determining benefits. In addition, an accident disabled member restored to active service shall be credited with all the time he served as a beneficiary.
(Ord. 59018 7, 1983: prior: Ord. 54779 1, 1967: Ord. 49623 21, 1959: 1960 C. 335.320.)

City Counselor Ops.: 9138

4.18.185 Death benefits--Retired members or members on disability allowance.

A. Upon the receipt of proper proofs of the death of a member who retired while in service, including retirement from service, ordinary disability or accidental disability, prior to September 28, 1983, and provided no other benefits are payable, there shall be paid the following benefits:

1. A retirement allowance to all widows during their widowhood of fifty percent of the deceased member's average final compensation or two hundred dollars per month, whichever is greater, plus ten percent of such compensation to or for the benefit of each unmarried dependent child of the deceased member who is either under age eighteen or who is totally and permanently mentally or physically incapacitated regardless of age, but not in excess of three children, including both classes, and paid as the Board of Trustees in its discretion shall direct;

City Counselor Ops.: 8780

2. If no widow benefits are payable pursuant to subdivision 1 of this subsection, such total allowance as would have been paid had there been a widow shall be divided among the unmarried dependent children under age eighteen and such unmarried children, regardless of age, who are totally and permanently mentally or physically incapacitated, and paid, to or for the benefit of such children, as the Board of Trustees in its discretion shall direct;

3. Any benefit payable to, or for the benefit of, a child or children under the age of eighteen years pursuant to subdivisions (1) and (2) of this subsection shall be paid beyond the age of eighteen years through the age of twenty-five years in such cases where the child is a full-time student at a regularly accredited college, business school, nursing school, school for technical or vocational training or university, but such benefit shall cease whenever the child ceases to be a student. A college or university shall be deemed to be regularly accredited which maintains membership in good standing in a national or regional accrediting agency recognized by an any state college or university.

City Counselor Ops.: 8917, 8968, 9022

B. Upon the receipt of proper proofs of the death of a member in service or who retired while in service, including retirement for service, ordinary disability or accidental disability, after September 28, 1983, and provided no other benefits are payable, there shall be paid the following benefits:

1. A retirement allowance to all widows during their widowhood of twenty-five percent of the deceased member's average final compensation or two hundred dollars per month, whichever is greater, plus ten percent of such compensation to or for the benefit of each unmarried dependent child of the deceased member who is either under age eighteen or who is totally and permanently mentally or physically incapacitated regardless of age, but not in excess of three children, including both classes, and paid as the Board of Trustees in its discretion shall direct;

2. If no widow's benefit are payable pursuant to subdivision 1 of this subsection, such total allowance as would have been paid had there been a widow shall be divided among the unmarried dependent children, regardless of age, who are totally and permanently mentally or physically incapacitated, and paid to or for the benefit of such children, as the Board of Trustees in its discretion shall direct;

3. Any benefit payable to, or for the benefit of, a child or children under the age of eighteen years pursuant to subdivisions (1) and (2) of this subsection shall be paid beyond the age of eighteen years through the age of twenty-five years in such cases where the child is a full-time student at a regularly accredited college, business school, nursing school, school for technical or vocational training or university, but such benefit shall cease whenever the child ceases to be a student. A college or university shall be deemed to be regularly accredited which maintains membership in good standing in a national or regional accrediting agency recognized by an any state college or university.
(Ord. 63988 4, 1997: prior: Ord. 59018 8, 1983: Ord. 58242 3 (part), 1981: Ord. 52141 1, 1963: Ord. 49623 22, 1959: 1960 C. 335.330.)

City Counselor Ops.: 8968, 9614

4.18.195 Death benefits--Accidental death in service.

A. Upon the receipt of evidence and proof that the death of a member was the result of an accident or exposure at any time, or place, provided that at such time or place the member was in the actual performance of the member's duty and, in the case of an exposure, while in response to an emergency call, or was acting pursuant to orders, there shall be paid in lieu of all other benefits the following benefits:

1. A retirement allowance to the widow during the person's widowhood of fifty percent of the deceased member's average final compensation, plus ten percent of such compensation to or for the benefit of each unmarried dependent child of the deceased member, who is either under the age of eighteen, or who is totally and permanently mentally or physically incapacitated, regardless of age, but not in excess of a total of three children, including both classes, and paid as the Board of Trustees in its discretion directs;

2. If no widow benefits are payable pursuant to subdivision A, the total allowance as would have been paid had there been a widow shall be divided among the unmarried dependent children under the age of eighteen and such unmarried children, regardless of age, who are totally and permanently mentally or physically incapacitated, and paid, to or for the benefit of such children as the Board of Trustees in its discretion shall direct;

3. If there is no widow, or child under the age of eighteen years, or child, regardless of age, who is totally and permanently mentally or physically incapacitated, then an amount equal to the widow's benefit shall be paid to the member's dependent father or dependent mother, as the Board of Trustees shall direct, to continue until remarriage or death;

4. Any benefit payable to, or for the benefit of, a child or children under the age of eighteen years pursuant to subdivisions (1) and (2) of this subsection shall be paid beyond the age of eighteen years through the age of twenty-five years in such cases where the child is a full-time student at a regularly accredited college, business school, nursing school, school for technical or vocational training or university, but such benefit shall cease whenever the child ceases to be a student. A college or university shall be deemed to be regularly accredited which maintains membership in good standing in a national or regional accrediting agency recognized by an any state college or university.

B. No benefits pursuant to this section shall be paid to a child over eighteen years of age who is totally and permanently mentally or physically incapacitated, if the child is a patient or ward in a public supported institution.

City Counselor Ops: 8894

C. Wherever any dependent child designated by the Board of Trustees to receive benefits pursuant to this section is in the care of the widow of the deceased member, the child's benefits may be paid to the widow of the child.
(Ord. 63988 5, 1997: prior: Ord. 52141 1, 1963: Ord. 50707 1, 1961: Ord. 49623 23, 1959: 1960 C. 335.340.)

City Counselor Ops.: 8968

4.18.200 Death benefits--Resigned member.

Upon receipt of proper proofs of the death of a member who resigned from service prior to attaining the age provided for in Section 87.170 R.S.Mo. (1978) as a requirement for service retirement allowance with twenty or more years of creditable service and who did not withdraw his accumulated contributions, there shall be paid a retirement allowance to the widow, only during her widowhood, of two hundred dollars per month or fifty percent of the deceased member's final compensation, whichever is greater.
(Ord. 58242 3 (part), 1981: prior: Ord. 53604 1, 1965: Ord. 49623 24, 1959: 1960 C. 335.350.)

4.18.201 Death benefits--Funeral expenses.

A. In addition to any other benefit to which an active or retired fire fighter may be entitled they shall be entitled to the following benefit approved by the General Assembly of this State and hereby adopted enacted into the laws and ordinances of this City, namely:

Whenever an active or retired fireman shall die, as aforesaid, the Board of Trustees shall appropriate from the fund a sum not exceeding one hundred and fifty dollars to the widow or family for funeral expenses. In cities not within a county the payment for funeral expenses shall be two thousand dollars, and shall be paid solely from moneys within the pension.

B. Any benefits paid pursuant to subsection A of this section shall be paid only from the Future Benefit Fund established by Ordinance 61980.
(Ord. 62801 1, 2, 1992.)

4.18.205 Death benefits--Result of accident while on duty.

Upon the receipt by the Board of Trustees of evidence and proof that the death of a member was the natural and proximate result of an accident occurring at some definite time and place while the member was in the actual performance of duty, the Board of Trustees shall decide that death was the result of an accident in the performance of duty and not caused by negligence on the part of the member, there shall be paid lieu of all other benefits the following benefits:

A. A retirement allowance to the widow during her widowhood of fifty percent of the deceased member's final average compensation plus ten percent of such compensation for each unmarried dependent child of the deceased member under age eighteen in her care but not in excess of three children.

B. If no benefits are payable under subdivision A of this section, the total allowance shall be divided among the unmarried dependent children under age eighteen and paid, as the Board of Trustees in its discretion shall direct, except that not more than one-half of the widow's benefit shall be paid for one child.

C. If there is no widow or child under the age of eighteen years surviving the deceased member, then an amount equal to the widow's benefit shall be paid to his dependent father or dependent mother as the Board of Trustees in its discretion shall direct, to continue until remarriage or death.
(Ord. 49623 25, 1959: 1960 C. 335.360.)

Cases:

For a case concerning the need to show a direct, but not necessary sole, causal connection between a fireman's duties and the injury resulting in death to entitle widow to increased pension benefits, see Bergman v. Bd. of Trustees of Firemen's Retirement System, 425 S.W. 2d 143 (1968).

4.18.207 Special consultants on problems of retirement.

A. Any widow who is receiving retirement benefits upon application to the Board of Trustees of the Retirement System, shall be made, constituted, appointed and employed by the Board as a special consultant on the problems of retirement, aging, and other state matters, for the remainder of her life, and upon request of the Board, give opinions, and be available to give opinions in writing, or orally, in response to such request, as may be required, and for such services shall be compensated monthly, in an amount, which when added to any monthly retirement benefits being received, shall not exceed fifty percent of the deceased member's average final compensation or two hundred dollars ($200.00) whichever is greater.

B. This compensation shall be consolidated with any other retirement benefits payable to such widow and shall be paid in the manner and from the same fund as her other retirement benefits under this chapter, and shall be treated in all aspects under the laws of this state as retirement benefits paid pursuant to this chapter.

C. The employment provided for by this section shall in no way affect any person's eligibility for retirement benefits under this chapter or in any way have the effect of reducing retirement benefits, anything to the contrary not withstanding.
(Ord. 59018 9, 1984: Ord. 58242 3 (part), 1981: 1960 C. 335.355.)

4.18.208 Special advisors to Retirement System.

A. Any person who served as a fireman and who is retired and receiving a retirement allowance of less than three hundred fifty dollars ($350.00) per month may act as a special advisor to the Retirement System.

B. For the additional service as a special advisor, each retired person shall receive, in addition to the retirement allowance provided under this chapter, an additional amount, which amount, together with the retirement allowance he is receiving under other provisions of this chapter, shall equal, but not exceed, three hundred fifty dollars per month.

Any retirement allowance paid to a retiree under this subsection shall be withdrawn from the firemen's retirement and relief system fund and no moneys shall be withdrawn from the general revenue fund.
(Ord. 58652 1, 2, 1982.)

4.18.209 Special advisor to Retirement System--Staggered refunds.

A. In addition to any other annuity or retirement allowance paid or payable under the Firemen's Retirement System any retirant who is receiving benefits as a result of retirement prior to October 1, 1982, and any member of the system who ceased to be a member prior to October 1, 1982, and has vested retirement benefits shall, upon application to the Firemen's Retirement System, be made a special advisor to the Retirement System. The retirant shall be repaid the total amount of the members contribution to the system without interest. Upon the approval of this ordinance, the Board of Trustees of the system shall establish a staggered system of refunding contributions to the special advisors, which staggered system of processing said refunded contributions shall not exceed three years to complete, and which staggered system shall be structured to address all classes of entitlement as set forth in this section. The staggered system of refunding shall consider first those special advisors having been retired from the system the longest period of time, and chronologically thereafter the next longest until the most recent retirants shall be refunded their contributions, which most recent retirants within said staggered system shall be the last entitled to have their contributions refunded.

B. Any contributions paid under subsection A of this section shall be withdrawn from the general fund of the Firemen's Retirement System and no monies shall be withdrawn from the General Revenue Fund of the City.
(Ord. 61844 3, 1990.)

4.18.210 Early withdrawal of funds.

If a member ceases to be a fireman except by death or retirement, he shall be paid on demand the amount of his accumulated contributions standing to the credit of his individual account in the member's savings fund, and such a member who has left his contributions with the system may later withdraw his accumulated contributions at any time, prior to the beginning of his retirement benefits.
(Ord. 49623 26, 1959: 1960 C. 335.370.)

4.18.215 Payment of difference between benefits paid and accumulated contributions.

If there are no further benefits otherwise payable under this chapter and the total amount of benefits paid to date is less than an amount equal to the accumulated contribution of the member at his death or at his retirement whichever occurred first, the difference shall be paid to the beneficiary named to receive the amount or if no such beneficiary is living, to the beneficiary or the estate of the beneficiary last entitled to benefits.
(Ord. 49623 27, 1959: 1960 C. 335.380.)

4.18.220 Members covered under this chapter.

All members who are firemen on or after January 1, 1960 and their beneficiaries shall receive benefits as provided by this chapter, and all members and retired members who are not firemen as of January 1, 1960 and their beneficiaries shall receive benefits as provided by the laws in effect prior thereto.
(Ord. 49623 28, 1959: 1960 C. 335.390.)

4.18.225 Funds--Investments.

A. The Board of Trustees of the Firefighter's Retirement System shall have the exclusive authority and discretion to invest and reinvest the funds in property of any kind, real or personal. The Board of Trustees shall invest and manage the fund as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the Firefighter's Retirement System. In satisfying this standard, the Board of Trustees shall exercise reasonable care, skill, and caution. No trustee shall have any interest as a trustee in the gains or profits made on any investment, except benefits from interest in investments common to all members of the plan, if entitled thereto.

B. Nothing in this chapter shall be construed as prohibiting the retirement system from appointing, designating, and using a nominee or representative for purposes of acquiring, holding title to, and disposing of those investments which are authorized by Chapter 335.

C. The Trustees of the Firemen's Retirement and Relief System shall publish every six (6) calendar months of portfolio of investments under their control in said Retirement Fund and Relief System, and shall forward a copy of said report to each of the elected Aldermen of the City of St. Louis of this ordinance.
(Ord. 67259 2, 2006: prior: Ord. 63475 1, 1995; Ord. 59822 2--7, 1986: Ord. 57962 2, 1979: Ord. 49623 30, 1959: 1960 C. 335.410.)

4.18.226 Funds--Use of representative to acquire and dispose of investments.

Nothing in this chapter shall be construed as prohibiting the retirement system from appointing, designating, and using a nominee or representative for purposes of acquiring, holding title to, and disposing of those investments which are authorized by this chapter.
(Ord. 57962 3, 1979.)

4.18.230 Funds--Interest rates.

The Board of Trustees annually shall allow interest at the rate determined by the Board on the mean amount for the preceding year in each of the funds with the exception of the expense fund. The amount so allowed shall be due and payable to the funds and shall be annually credited thereto by the Board of Trustees from interest and other earnings on the moneys and other assets of the retirement system. From the interest allocated to the member's savings fund, the Board of Trustees shall annually credit each member's individual account with interest on the largest balance remaining in each account for the entire year and at the rate determined by the Board.
(Ord. 49623 31, 1959: 1960 C. 335.420.)

4.18.235 Funds--Custodian--Vouchers.

The City Treasurer shall be the custodian of the several funds. All payments from the funds shall be made by him only upon vouchers signed by two persons designated by the Board of Trustees. A duly attested copy of the resolution of the Board of Trustees designating the persons and bearing on its face specimen signatures of the persons shall be filed with the Treasurer as his authority for making payments upon the vouchers. No voucher shall be drawn unless it shall previously have been allowed by the Board of Trustees.
(Ord. 49623 32, 1959: 1960 C. 335.430.)

4.18.240 Funds--Cash on hand--Deposits.

For the purpose of meeting disbursements for benefits and other payments there may be kept available cash not exceeding ten percent of the total amount in the several funds of the retirement system on deposit in one or more banks or trust companies in the City, organized under the laws of the state or of the United States. The amount on deposit in any one bank or trust company shall not exceed twenty-five percent of the paid up capital and surplus of the bank or trust company.
(Ord. 49623 33, 1959: 1960 C. 335.440.)

4.18.245 Funds--Board and employees restricted on gains.

Except as herein provided, no trustee and no employee of the Board shall have any direct interest in the gains or profits of any investment made by the Board of Trustees, nor as such receive any pay or emolument for his services. No trustee or employee of the Board of Trustees shall directly or indirectly for himself or as an agent in any manner use the assets of the retirement system except to make such current and necessary payments as are authorized by the Board of Trustees, nor shall any trustee or employee of the Board become an endorser or surety or become in any manner an obligor for moneys loaned by or borrowed from the Board of Trustees.
(Ord. 49623 34, 1969: 1960 C. 335.450.)

4.18.250 Funds--Enumerated.

All the assets of the retirement system shall be credited according to the purpose for which they are held to one of four funds, namely, the members' savings funds, the benefit reserve fund, the general reserve fund, and the expense fund. The Board of Trustees is authorized to transfer and close out the fund accounts as provided prior to January 1, 1960 into the appropriate fund accounts provided by this chapter.
(Ord. 49623 35, 1959: 1960 C. 335.460.)

4.18.255 Members' savings fund.

The members' savings fund shall be the fund in which shall be accumulated contributions of the members.
(Ord. 49623 36, 1959: 1960 C. 335.470.)

4.18.260 Member contribution--Percentage.

The Board of Trustees shall certify to the Chief of the Fire Department and the Chief of the Fire Department shall cause to be deducted from the salary of each member on each and every payroll for each and every pay period, eight percent of the compensation of each member not participating in the DROP program, and one percent of the compensation of each member participating in the DROP program.
(Ord. 62994 4, 1993: prior Ord. 57603 (part), 1978: Ord. 49623 37, 1959: 1960 C. 335.480.)

4.18.265 Member contribution--Consent--Crediting individual account.

The deductions provided for herein shall be made notwithstanding that the minimum compensation provided by law for any member shall be reduced thereby. Every member shall be deemed to consent to the deductions made and provided for herein, and shall receipt for his full salary or compensation, and payment of salary or compensation less the deduction shall be a full and complete discharge and acquittance of all claims and demands whatsoever for services rendered during the period covered by the payment except as to benefits provided by this chapter. The Chief of the Fire Department shall certify to the Board of Trustees on each and every payroll or in other manner as the Board of Trustees shall prescribe the amount deducted, and such amounts shall be paid into the members' savings fund and shall be credited to the individual account of the member from whose compensation the deduction was made.
(Ord. 49623 38, 1959: 1960 C. 335.490.)

4.18.270 Member contribution--Refunds, additional benefits.

The Board of Trustees is authorized at its discretion to make refunds or grant additional benefits for parts of contributions as were made prior to the adoption of the eight-percent rate for all members which were in excess of the compulsory contributions required of each member.
(Ord. 57603 (part), 1978: Ord. 49623 39, 1959: 1960 C. 335.500.)

4.18.275 Member contribution--Cash payment or note.

A member as of January 1, 1960, who did not make contributions to the system between the operative date of the system and January 1, 1960, may make a cash payment or sign a note of indebtedness to the system. The amount of the payment or note in lieu thereof shall be equal to the then accumulated contributions for his age and years of service less any credit to his account and less any dues paid during the period for rights and privileges in the firemen's pension fund, and such amount shall be credited to his account. The unpaid balance of the note shall bear interest at the same rate per annum as is allowed on the member's savings accounts in the same periods. The note shall be repaid under rules and regulations of the Board of Trustees within five years of its date but not beyond the compulsory retirement date of the maker. If the note is not repaid by the due date, all amounts which have been paid on the note shall be refunded from the member's account and benefits shall be allowed thereafter as if the note had not been given. If any benefits become payable to the member or his beneficiary prior to the due date of the note and while any balance is unpaid, such benefits shall be reduced to the extent that the value of the reduction equals the unpaid balance of the note.
(Ord. 58179 1 (part), 1980: prior Ord. 56444 1, 1973: Ord. 49623 40, 1959: 1960 C. 335.510.)

City Counselor Ops.: 8780, 10262, 10438

4.18.280 Benefit reserve fund.

The benefit reserve fund shall be the fund from which shall be paid all benefits except such benefits as involve only the refund of the members contributions at time of withdrawal in which case the refund shall be made direct from the members saving fund. There shall be transferred to this fund at time of approval of payment of benefits to any member or beneficiary, the accumulated contributions of such member from the members' saving fund and such additional amount from the general reserve fund as is calculated by the actuary to be necessary with the member's contributions to provide the payment of all benefits arising from the service of the member. Upon the completion of the first valuation after the creation of this fund, there shall be transferred to it from the annuity reserve fund, the pension reserve fund and the pension accumulation fund such amounts as are certified by the actuary on the basis of the tables then in use for all beneficiaries receiving benefits.
(Ord. 49623 41, 1959: 1960 C. 335.520.)

4.18.285 General reserve fund--City contributions.

The general reserve fund shall be the fund in which shall be accumulated all reserves for benefits not provided by members contributions, and which are provided by contributions made by the City.
(Ord. 49623 42, 1959: 1960 C. 335.530.)

4.18.290 General reserve fund--Contributions and payments.

Contributions to and payments from the general reserve fund shall be as follows: On account of each member there shall be paid annually into the fund by the City an amount equal to a certain percentage of the earnable compensation of the member to be known as "the normal contribution" and an additional amount equal to a percentage of his earnable compensation to be known as "the accrued liability contribution." The rates percent of the contributions shall be fixed on the basis of the liability of the Retirement System as shown by actuarial valuations.
(Ord. 49623 43, 1959: 1960 C. 335.540.)

4.18.295 General reserve fund--Normal contribution rate.

On the basis of the interest rate and of such mortality and other tables as shall be adopted by the Board of Trustees, the actuary shall determine the uniform and constant percentage of the earnable compensation of the average new entrant, which, if contributed throughout his entire period of active service, would be sufficient to provide for the payment of any death benefit or pension payable on his account. The rate percent so determined shall be known as "the normal contribution rate." After the accrued liability contribution has ceased to be payable the normal contribution rate shall be the rate percent of the earnable compensation of all members obtained by deducting from the total liabilities of the fund the amount of the funds in hand to the credit of the fund and dividing the remainder by one percent of the present value of the prospective future compensation of all members as computed on the basis of the interest rate and the mortality and service tables adopted by the Board of Trustees. The normal rate of contribution shall be determined by the actuary after each valuation.
(Ord. 49623 44, 1959: 1960 C. 335.550.)

4.18.300 General reserve fund--Accrued liability contribution rate.

At the first valuation after the effective date of these amendments the actuary engaged by the Board of Trustees shall compute the rate percent of the total earnable compensation of all members which is equivalent to three and one-half percent of the amount of the total unfunded benefit liability on account of all members and beneficiaries which is not dischargeable by the normal contribution made on account of such members during the remainder of their active service. The rate percent originally so determined shall be known as "the accrued liability contribution rate."
(Ord. 49623 45, 1959: 1960 C. 335.560.)

4.18.305 General reserve fund--Amounts payable.

The total amount payable in each year to the general reserve fund shall be not less than the sum of the rates percent known as the normal contribution rate and the accrued liability contribution rate of the total compensation earnable by all members during the year, and the aggregate payment by the City shall be sufficient when combined with the amount in the fund to provide the retirement allowances and other benefits payable out of the fund during the then current year. The City may contribute at any time from bond issue or other available funds an amount equal to the unfunded accrued liability as certified by the actuary in which event no further accrued liability contribution will be required or may contribute any lesser amount which will be used to proportionately reduce future accrued liability contributions.
(Ord. 49623 46, 1959: 1960 C. 335.570.)

4.18.310 General reserve fund--Discontinuing liability contributions.

The accrued liability contribution should be discontinued as soon as the accumulated reserve in the general reserve fund shall equal the present value as actuarially computed and approved by the Board of Trustees, of the total liability of the fund, less the present value computed on the basis of the normal contribution rate then in force of the prospective normal contributions to be received on account of persons who are at that time members. The accrued liability contribution rate may be decreased by the Board of Trustees provided the reduced level rate does not require an amortization period extending beyond the year twenty hundred and ten (2010) for any accrued liability as of August 31, 1980. Subsequent to that date, any changes in the accrued liability by reason of changes in the benefits payable under the Retirement System, changes in the actuarial assumptions, or changes in the actuarial funding method are to be amortized over a period not exceeding thirty years from the date in which the additional accrued liabilities are recognized in the annual actuarial valuation of the system.
(Ord. 59018 10, 1983: Ord. 49623 47, 1959: 1960 C. 335.580.)

4.18.315 Expense fund.

The expense fund shall be the fund to which shall be credited all money provided to pay the administration expenses of the Retirement System and from which shall be paid all the expenses necessary in connection with the administration and operation of the system. Annually the Board of Trustees shall estimate the amount of money necessary to be paid into the expense fund during the ensuing year to provide for the expense of operation of the Retirement System. Such estimate shall be provided by the Board of Trustees from interest and other earnings on assets of the Retirement System.
(Ord. 53997 1, 1966: prior: Ord. 49623 48, 1959: 1960 C. 335.590.)

4.18.320 Certification of amounts due the general reserve fund.

On or before the first of March of each year the Board of Trustees shall certify to the proper City authorities the amount which will become due and payable during the year next following to the general reserve fund. The amount so certified shall be included by the City authorities in their annual budget estimate. The amount so certified shall be appropriated by the City and transferred to the Retirement System for the ensuing year.
(Ord. 53997 1, 1966: prior: Ord. 49623 49, 1959: 1960 C. 335.600.)

4.18.325 Fund reserves.

The creation and maintenance of reserves in the general reserve fund and the maintenance of benefit reserves as provided for and the payment of all benefits granted under the provisions of this chapter are hereby made obligations of the City.
(Ord. 53997 1, 1966: prior: Ord. 49623 50, 1959: 1960 C. 335.610.)

4.18.330 Benefits exempt from taxes and attachments.

The right of any person to a benefit, any other right accrued or accruing to any person under the provisions of this chapter and the moneys in the various funds created under this chapter are hereby exempt from any tax of the state and shall not be subject to execution, garnishment, attachment any other process whatsoever and shall be unassignable except as in this chapter specifically provided.
(Ord. 49623 51, 1959: 1960 C. 335.620.)

4.18.335 Transfer of existing funds.

Chapter 25 of the Revised Code of the City of St. Louis, 1948, as amended, is repealed and the firemen's pension fund heretofore created by said Chapter under authority of Sections 86.480 to 86.630, inclusive, of the Revised Statutes of Missouri, 1949, is dissolved and the City Treasurer is directed to transfer the cash securities and other assets of the said fund as of January 1, 1960, to the Firemen's Retirement System of St. Louis, hereby created and established to be credited to the Pension Accumulation Fund and to be used for all purposes of such fund.
(1960 C. 335.630.)

4.18.340 Initial appropriation.

There is appropriated for the use of the Firemen's Retirement System of St. Louis the sum of $10,000, which shall be paid to the expense fund.
(1960 C. 335.640.)

4.18.345 Amendment and repeal.

The City reserves the right to amend or repeal this chapter at any time.
(1960 C. 335.650.)

4.18.350 Required funding amount--Certification.

Notwithstanding any other law or ordinance to the contrary, the Board of Trustees of the Firemen's Retirement System, (hereinafter referred to as the "System"), on or before the first of March of each year, shall certify to the Board of Estimate and Apportionment the amount required to fund System benefits for the System's current fiscal year. This amount will be equal to the annual normal cost plus the annual amount that is necessary to amortize the unfunded liability of the System over a period of not more than thirty (30) years, determined as of the first day of the System's current fiscal year by the System's actuary. The amount so certified shall be appropriated, subject to any adjustment made pursuant to this section through Section 4.18.385, by the City and transferred to the System.
(Ord. 61980 1, 1990.)

4.18.351 Cost of living benefits--Retirees, surviving spouses and dependent children.

A. Any person who served as a fireman who is retired and not receiving a cost-of-living benefit and any widow or dependent child receiving retirement benefits, but not receiving a cost-of-living benefit, shall be made, constituted, and appointed as a special consultant on the problems of retirement, aging, and other state matters, and be available to give opinion in writing or orally, in response to such requests as may be required and for such services shall be compensated annually in accordance with the provisions of subsection B of this section.

B. Effective September 1, 1996, and annually thereafter, one-half of the annual interest earned in the future benefits fund created under Section 87.287, RSMo, shall be appropriated to provide an ad hoc COLA administered by the Board of Trustees and from September 1, 2016, and annually thereafter three-fourths of the annual interest earned in the future benefits fund created under Section 87.287, RSMo, shall be appropriated to provide an ad hoc COLA administered by the Board of Trustees based upon the following formula:

The distributable amount shall be divided by the number of retirees and surviving spouses and dependent children eligible to receive the ad hoc COLA under this provision calculated and distributed based upon the following years of service:

1. Members retiring with thirty or more years of service shall receive a full share of the distributable amount;

2. Members retiring with twenty-five or more years of service but less than thirty years shall receive a three-quarter share of the distributable amount;

3. Members retiring with less than twenty-five years shall receive a one-half share of the distributable amount;

4. Surviving spouses and dependent children shall receive one-half of the ad hoc COLA the member would have been entitled to receive.
(Ord. 63591 6, 1995.)

4.18.355 Required funding amount--Definitions.

For purposes of Sections 4.18.350 through 4.18.385: "annual revenues" shall mean all funds received from contributions of members of the System, City contributions and all investment income received during the System's fiscal year; "annual expenses" shall mean all benefits, administrative costs and refunds paid during the System's fiscal year; "annual surplus" shall mean the excess, if any, of annual revenues over one hundred fifty percent (150%) of annual expenses for a System fiscal year.
(Ord. 61980 2, 1990.)

4.18.360 Surplus Reserve Fund--Created.

There is hereby created a "Surplus Reserve Fund" of the System. This fund shall consist of two subfunds, the "future benefit fund" and the "City credit fund." As of the first day of each System fiscal year ending after the effective date of this section, there shall be deposited in each of the future benefit fund and the City credit fund fifty percent (50%) of the prior year's annual surplus plus, separately for each fund, allocable earnings, based upon the total System investment return for the System's prior fiscal year.
(Ord. 61980 3, 1990.)

4.18.365 Future benefit fund--Use.

The amount in the future benefit fund shall be used to provide future benefits as approved by a majority of the Board of Trustees in accordance with one or more subsequent, appropriate enabling ordinances consistent with Sections 4.18.350 through 4.18.385. No changes in benefits provided from the future benefit fund shall be made unless the amount in the future benefit fund is equal to or greater than the full amount of the present value of the future benefit changes as determined by the System's actuary. When a benefit change is so implemented, the full amount of the present value of the total future benefit changes shall be transferred from the future benefit fund to the general funds of the System to effectuate the full and immediate funding of the benefit changes.
(Ord. 61980 4, 1990.)

4.18.370 Transfer of annual surplus.

As of the first day of any System fiscal year ending after the effective date of this ordinance, fifty percent (50%) of the prior System fiscal year's "annual surplus" shall be transferred from the City credit fund to the general funds of the System to be credited against the City's contribution for the System's current fiscal year.
(Ord. 61980 6, 1990.)

4.18.375 Surplus excluded from System assets.

As of the first day of each System fiscal year ending after the effective date of this ordinance, for the purposes of determining the System's normal cost and amount necessary to amortize the unfunded liability, the System's assets shall exclude the prior year annual surplus and any additional amounts in the surplus reserve fund.
(Ord. 61980 7, 1990.)

4.18.380 Final surplus determination.

The last determination of annual surplus pursuant to Sections 4.18.350 through 4.18.380 will be for the System fiscal year ending prior to January 1, 1994. If any moneys are remaining in the future benefit fund after January 1, 1995, they shall remain in the future benefit fund to be used as outlined in this section until the future benefit fund is depleted.
(Ord. 61980 8, 1990.)

4.18.385 Sections 4.18.350 through 4.18.380--Expiration.

The ordinance codified in Sections 4.18.350 through 4.18.380 shall expire January 1, 1995, unless the United States Internal Revenue Service determines prior to such date that the provisions of this section are in conflict with the tax exemption requirements for public pension plans, in which case, the ordinance codified in Sections 4.18.350 through 4.18.380 shall expire upon such determination.
(Ord. 61980 9, 1990.)

4.18.386 Accumulated sick leave.

A. Any member retiring pursuant to the provisions of Sections 87.120 to 87.370, after working continuously for an entity covered by Sections 87.120 to 87.370, until reaching retirement age, but not including retirement for service-connected disability, shall be credited with all of the member's unused sick leave as certified by the member's employing entity.

B. No member working on or after July 1, 2000, shall be credited with sick leave at a rate less than or more than the rate being earned on July 1, 2000, nor shall any cap or limit applied to accumulated sick leave after July 1, 2000, be construed as a limit on the number of sick days actually earned without reference to the cap or limit which may be credited pursuant to the provisions of this section. When calculating years of service, each member shall be entitled to one day of creditable service for each day of unused accumulated sick leave earned by the member.

C. Accumulated sick leave shall allow a member to vest in the retirement system by using such credited sick leave to reach the time of vesting and shall also allow a member to exceed a seventy-five percent service retirement allowance by adding accumulated sick leave to no more than thirty years of creditable service or a member who is participating in the DROP program established in Section 87.182 may elect upon retirement to have placed in his or her DROP account a dollar amount equal to his or her accumulated number of sick leave hours multiplied by his or her hourly rate of pay at the time of retirement, or to place one-half of this dollar amount in the member's DROP account, to have one-fourth of this dollar amount added to the member's average final compensation, and to have the remaining one-fourth of this dollar amount remain as time and added to the member's creditable service.
(Ord. 65541 2, 2002; Ord. 64923 2, 1999: prior: Ord. 63591 7, 1995.)

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