18-11-15. Service pensions - Qualifications

18-11-15. Service pensions - Qualifications

1. A monthly service pension must be paid to members of the association with the

following qualifications:

Percent of first-class

Years of firefighter's monthly salary

Years of age at on January first during year

service retirement the pension is paid

20 50 40%

21 51 42%

22 52 44%

23 53 46%

24 54 48%

25 55 50%

26 56 52%

27 57 54%

28 58 56%

29 59 58%

30 60 60%

2. Except for members participating in a firefighters relief association paying a monthly

service pension to members of the association under subsection 4 or 5, all members

must serve twenty years before they are eligible for a service pension. Members

participating in a firefighters relief association paying a monthly service pension to

members of the association under subsection 4 or 5 must serve ten years before they

are eligible for a service pension. However, any member who has twenty years of

service or ten years of service with a firefighters relief association paying a monthly

service pension to members of the association under subsection 4 or 5, and who has

not attained retirement age may retire from the department without forfeiting the right

to a service pension. The association, in its bylaws, may establish a retirement age of

not less than fifty years, at which time the service pension becomes payable. This

retirement age may be established for all firefighters or classes of firefighters by birth

dates. A person who has served twenty years or ten years with a firefighters relief

association paying monthly service pensions to members of the association under

subsection 4 or 5 and who is separated from service must, upon application, be placed

on the deferred pension roll of the association, and after reaching retirement age, the

association shall, upon application therefor, pay the service pension from the date the

member attains eligibility at a rate of forty percent of the monthly salary of a first-class

firefighter as determined on January first of the year in which the pension is paid. Any

person making such application waives all other rights, claims, or demands against the

association for any cause, except those causes that may have arisen from, or that may

be attributable to, the person's service on the fire department.

3. With the consent of the governing body of the city involved, and in substitution for the

pension payment schedule provided in subsection 1, a firefighters relief association

shall pay a monthly service pension to members of the association with the following

qualifications, the following amounts:

Percent of first-class

firefighter's monthly salary

Years of Years of on January first during year

service age the pension is paid

20 50 40%

21 51 42%

22 52 44%

23 53 46%

24 54 48%

25 55 50%

26 56 52%

27 57 54%

28 58 56%

29 59 58%

30 60 60%

4. With the consent of the governing body of the city involved, and in substitution for the

pension payment schedule provided in subsection 1 or 3, a firefighters relief

association shall pay a monthly service pension to members of the association with

the following qualifications, the following amounts:

Percent of first-class

firefighter's monthly salary

Years of Years of on January first during year

service age the pension is paid

10 50 20%

11 50 22%

12 50 24%

13 50 26%

14 50 28%

15 50 30%

16 50 32%

17 50 34%

18 50 36%

19 50 38%

20 50 40%

21 51 42%

22 52 44%

23 53 46%

24 54 48%

25 55 50%

26 56 52%

27 57 54%

28 58 56%

29 59 58%

30 60 60%

5. With the consent of the governing body of the city involved, upon the advice of its

actuary that the pension schedule can be implemented on an actuarially sound basis

and notification to the legislative management's employee benefits programs

committee, and in substitution for the pension payment schedule provided in

subsection 1, 3, or 4, a firefighters relief association shall pay a monthly service

e consent of the governing body of the city involved, upon the advice of its

actuary that the pension schedule can be implemented on an actuarially sound basis

and notification to the legislative management's employee benefits programs

committee, and in substitution for the pension payment schedule provided in

subsection 1, 3, or 4, a firefighters relief association shall pay a monthly service

pension to members of the association with the following qualifications, the following

amount:

Percent of first-class

firefighter's monthly salary

Years of Years of on January first during year

service age the pension is paid

10 50 20%

11 50 22%

12 50 24%

13 50 26%

14 50 28%

15 50 30%

16 50 32%

17 50 34%

18 50 36%

19 50 38%

20 50 40%

21 51 43%

22 52 46%

23 53 49%

24 54 52%

25 55 55%

26 56 58%

27 57 61%

28 58 64%

29 59 67%

30 60 70%

6. Benefits with respect to a member may not exceed the maximum benefits specified

under section 415 of the Internal Revenue Code; 26 U.S.C. 415 for governmental

plans. This section does not constitute an election under section 415(b)(10)(C) of the

Internal Revenue Code; 26 U.S.C. 415(b)(10)(C).