City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

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Jan 11, 1982 at 12:00 AM

REGULAR MEETING

The Regular Meeting of Council was held on January 11, 1982 at 7:30 p.m. with Mayor McDonough presiding. Councilmen present were Messrs. Bewick, Tudor, Boaman, Hardcastle, Carey, Witt and Richter.

The invocation was given by the Reverend J.H. Williams, Council Chaplain.

IRON PIPE AWARD - 100 YEAR HONORARY CERTIFICATE OF MEMBERSHIP - DUCTILE IRON PIPE RESEARCH ASSOCIATION

Mr. Richard Page, representing the Ductile Iron Pipe Research Association, presented a plaque to Mayor McDonough expressing a certificate of honorary membership to the City of Dover for existing iron pipe installation in the water system over 100 years of age.

AGENDA ADDITIONS/DELETIONS

Mr. Hardcastle moved to remove item #11 of the agenda "Abandonment of Extreme West End of Cecil Street" from the table for discussion, seconded by Mr. Witt and unanimously carried.

Mr. Roe requested that item #10, a public hearings, to consider demolition of 118 South New Street, owned by John Trifillis, from the agenda. He was advised that Mr. Trifillis is ill and unable to attend the public hearing in behalf of his own defense.

Mr. Roe stated that Council authorized his office to order the premises vacated which has been accomplished, avoiding any danger to life. He requested that the public hearing be continued until the Regular Meeting of January 25, 1982.

Mr. Witt moved for the recommendation of Mr. Roe, seconded by Mr. Hardcastle and unanimously carried.

City Clerk Willis requested an additional agenda item to consider an amendment to the Police Pension ordinance. This item was duly advertised as a public hearing and was inadvertently omitted.

Council unanimously approved the addition.

Mr. Willis also presented a petition received in the office of the City Clerk on January 11, 1982 and signed by Michael VonReider of 731 East Division Street, requesting restrictive parking on the west side of Greenhill Avenue in the Edgehill development.

Mr. Witt moved to refer the matter to the Safety Advisory Committee, seconded by Mr. Bewick and unanimously carried.

Acting Manager Hodge requested an additional agenda item to discuss bids received on the Huebner Farm owned by the City of Dover. Council unanimously agreed that this would be a part of the City Manager's report.

RESOLUTION - RETIREMENT OF WILLIAM W. HARRIS - WATER DEPARTMENT

By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously adopted the following resolution:

WHEREAS, William W. Harris has been employed by the City of Dover since February 10, 1955 when he was hired as a laborer in the Water Department;

WHEREAS, William W. Harris progressed to a Crew Leader and was available at all times for emergency service; and

WHEREAS, William W. Harris was an inspiration to the other employees in the Water Department due to his knowledge and attitude; and

WHEREAS, William W. Harris was granted disability retirement from the City of Dover beginning February 1, 1982, after some 26 years, 11 months of continuous and devoted service.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:

1. That the Mayor and Council extend their deepest gratitude to William W. Harris for contributing his technical knowledge and skill to the City of Dover in the operation of the Water Department.

2. That the Mayor and Council wish William W. Harris and his family a long, happy, and peaceful retirement.

3. That the Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in appreciation of the faithful and responsible services rendered by William W. Harris.

ADOPTED: January 11, 1982

RESOLUTION - RETIREMENT OF HARRY E. CLEGG - SUPERINTENDENT OF WASTE TREATMENT PLANT

By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously adopted the following resolution:

WHEREAS Harry E. Clegg has been employed by the City of Dover since March 22, 1963 in the Public Works Department as a laborer at the Dover Incinerator; and

WHEREAS, Harry E Clegg progressed from laborer, to the Waste Treatment Plant as a shift worker, there to shift supervisor, and finally as Superintendent of the Waste Treatment Plant; and

WHEREAS, Harry E. Clegg at the closing of the Waste Treatment Plant was made responsible for the production and metering activities of the Water Department, and the operation and maintenance of all sewage pumping facilities; and

WHEREAS, Harry E. Clegg was an inspiration to his fellow employees for his dedication to duty and the efficient manner in which he carried out his responsibilities; and

WHEREAS, Harry E. Clegg was granted disability retirement from the City of Dover effective December 1, 1981 after 18 years, 8 months of continuous and devoted service.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That the Mayor and Council extend their deepest gratitude to Harry E. Clegg for contributing his technical knowledge and skill to the City of Dover in the Water and Sewer Department.

2. That the Mayor and Council wish Harry E. Clegg and his family a long, happy, and peaceful retirement.

ADOPTED: January 11, 1982

RESOLUTION - RETIREMENT OF CHARLES O. SMITH - INSPECTIONS DEPARTMENT

By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously adopted the following resolution:

WHEREAS, Charles O. Smith has been employed by the City of Dover since January 21, 1963 when he was hired as a Dispatcher for the Robbins Hose Fire Company; and

WHEREAS, Charles O. Smith was transferred to the Inspection Department on December 15, 1975 as an Inspector; and

WHEREAS, Charles O. Smith was a member of the International Association of Arson Investigators, and also a member of the Delaware Chapter. Charles O. Smith was active in all State and County Fire Organizations within the State of Delaware; and

WHEREAS, Charles O. Smith retired from City employment effective December 1, 1981 after some 19 years of continuous and devoted service.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That the Mayor and Council extend their deepest gratitude to Charles O. Smith for contributing his technical knowledge and skill to the City of Dover in the capacity as a Dispatcher and as an Inspector.

2. That the Mayor and Council wish Charles O. Smith and his family a happy and peaceful retirement.

ADOPTED: January 11, 1982

The resolution, incorporating the official seal of the City of Dover, was presented to Mr. Smith by Mayor McDonough.

RESOLUTION - MAURICE A. HARTNETT, JR. - DECEASED

By motion of Mr. Witt, seconded by Mr. Bewick, Council unanimously adopted the following resolution:

WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the unexpected death of Maurice A. Hartnett, Jr., a former Councilman of the City and a prominent businessman in the City for many years, who departed this life on December 30, 1981; and

WHEREAS, Maurice A. Hartnett, Jr. served as Councilman from February 10, 1941 to February 14, 1949; and

WHEREAS, Maurice A. Hartnett, Jr. was very active in various civic organizations. He was a founder and life member of the Dover Kiwanis Club, he served in World War I and was a lifelong member of Walter L. Fox Post No. 2 of the American Legion; and

WHEREAS, as an owner of a successful business in Dover, Maurice A. Hartnett, Jr. contributed greatly to the vitality of the Dover community.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That the Mayor and Council express their regret at the death of Maurice A. Hartnett, Jr. and extend their deepest sympathy to his family.

2. That the Mayor and Council make known their appreciation of Maurice A. Hartnett, Jr. for his accomplishments as a former Councilman of the City of Dover and his service to the business community of Dover.

3. That the Mayor and Council direct the City Clerk of the Council to make this Resolution a part of the permanent records of the City of Dover in recognition of the faithful and loyal efforts of Maurice A. Hartnett, Jr.

ADOPTED: January 11, 1992

Mayor McDonough presented the resolution incorporating the official sea] of the City of Dover to Maurice A. Hartnett, III.

RESOLUTION - CONSOLIDATED RAIL CORPORATION - INSTALLATION OF 20" SANITARY SEWER INTERCEPTOR - MCKEE RUN

By motion of Mr. Bewick, seconded by Mr. Carey, Council unanimously adopted the following resolution:

WHEREAS, Consolidated Rail Corporation has requested a Resolution from the Mayor and Council of the City of Dover concerning the installation by the City of Dover of a 20" sanitary sewer interceptor through the lands and under and across the roadway and tracks of the Delmarva branch of Consolidated Rail Corporation in the vicinity of the McKee Run Power Plant; and

WHEREAS, an Agreement between the Consolidated Rail Corporation and the City of Dover for the execution of this project has been prepared.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That the Mayor and Council hereby authorize an Agreement be entered into with the Consolidated Rail Corporation for the installation of said sewer interceptor across the property of Consolidated Rail Corporation.

2. That the Mayor and Council authorizes the Mayor of the City of Dover to execute the aforesaid Agreement.

ADOPTED: January 11, 1982

RESOLUTION - ROBBINS HOSE COMPANY - EQUIPMENT LOAN

By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously adopted the following resolution:

BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. The City of Dover hereby approves an agreement entered into between the City and Robbins Hose Company No. 1, recognizing Robbins Hose Company No. 1 as the fire company furnishing fire protection and fire fighting services to the City of Dover pursuant to the terms of said agreement and directs the Mayor of the City of Dover to execute said agreement on behalf of the City of Dover.

2. The City hereby agrees with Delaware Trust Company, a banking institution of the State of Delaware, to guaranty a note in the amount of $300,000 due June 30, 1982, approved by Delaware Trust Company on August 10, 1981, bearing interest at 54% of national prime floating rate and in guaranteeing such note by Delaware Trust Company to Robbins Hose Company No. 1 pledges the full faith and credit of the City of Dover. The City agrees with Delaware Trust Company that the primary obligor on said note is Robbins Hose Company No. I and that the City will only be liable on this guaranty in the event of default in payment by Robbins Hose Company No. 1.

ADOPTED: January 11, 1982

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 17, 1981

The Regular Council Meeting Minutes of December 17, 1981 were unanimously adopted by motion of Mr. Bewick, seconded by Mr. Carey and bore the written approval of Mayor McDonough.

PUBLIC HEARING - REZONING OF 575 NORTH DUPONT HIGHWAY - GREGORY I. AND GRACE K. KIRKWOOD

A public hearing was duly advertised for this time and place to consider rezoning 575 North DuPont Highway, owned by Gregory I. and Grace K. Kirkwood, for the purpose of a car rental business. Mayor McDonough declared the hearing open.

The Planning Commission unanimously recommended approval of the rezoning as reported by Mr. Roe.

Mr. Tudor questioned Mr. Kirkwood concerning the possible necessity of a (acceleration lane at his place of business.

Mr. Kirkwood expressed no knowledge of these requirements but stated that he was prepared to install same if directed by the Highway Department.

Mayor McDonough declared the hearing closed.

By motion of Mr. Hardcastle, seconded by Mr. Boaman, Council by a unanimous roll call vote, adopted the following ordinance:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 575 NORTH DUPONT HIGHWAY.

WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and

WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RC-0 to C-4.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-0 to C-4 on that property located at 575 North DuPont Highway, owned by Gregory I. and Grace K. Kirkwood.

ADOPTED: January 11, 1982

PUBLIC HEARING - REZONING - LAFFERTY LANE (NEAR HORSEPOND ROAD) - DAVID J. & JUNE B. SCHAMP

A public hearing was duly advertised for this time and place to consider rezoning property located on Lafferty Lane, near the intersection of Horsepond Road, owned by David J. and June B. Schamp, for the purpose of an auto repair shop. Mayor McDonough declared the hearing open.

Tn a preliminary report to Council, Mr. Roe stated that the Planning Commission unanimously recommended approval of the rezoning since the area is conducive to service commercial warehousing or manufacturing as stated in the Comprehensive Plan. lie also noted that the property in question is in the Noise and Flight Pattern Area of Dover Air Force Base.

The City Clerk read into the record a letter from Ms. Hilda Fox, who owns an adjoining property. Ms. Fox objected to the rezoning, feeling that it would lower the value of her property. She also complained of late evening hour noise caused by activities around Mr. Schamp's facility.

Mr. David Schamp was present and stated that the remarks conveyed to Council by Ms. Fox are true in part; although he has an excellent relationship with neighbors. fie informed Council that he has worked on automobiles at his property for quite some time and has decided to go into business full-time.

Mr. Roe stated that Mr. Schamp has conducted this type of work on the premises for the past few years and has lived at the property for 15 years. The type of work conducted by Mr. Schamp existed prior to annexation; therefore, Mr. Schamp's activities are considered a non-conforming use. If Mr. Schamp wishes to expand those activities it will be necessary to approve the rezoning request.

Mayor McDonough declared the public hearing closed.

By motion of Mr. Witt, seconded by Mr. Boaman, Council by a unanimous roll call vote adopted the following ordinance:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING 71E ZONING DESIGNATION OF PROPERTY LOCATED ON LAFFERTY LANE.

WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and

WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-20 to C-3.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to C-3 on that property located on Lafferty Lane (near Horsepond Road), owned by David J. and June B. Schamp.

ADOPTED: January 11 , 1982

PUBLIC HEARING - REZONING - 221-235 NORTH NEW STREET - CAPITAL CLEANERS & LAUNDERERS, INC.

A public hearing was duly advertised for this time and place to consider rezoning 221-235 North New Street, owned by Capital Cleaners and Launderers, Inc. The equitable owner is Mary L. King. The purpose of the rezoning is for eight (8) townhouses. Mayor McDonough declared the hearing open.

Mr. Roe stated that the block in which the property is located consists of mostly empty land. The Planning Commission recommended approval of the rezoning since the present zoning is RG-1 and would allow an apartment house with eight units. The townhouses would not cause any increase in density.

Questioned by Mr. Tudor, Mr. Roe stated that the parking for the townhouses will be off of an existing alley and will be adequate for the facility.

Mr. Ron Smith, attorney for Mrs. King, was present advising Council that there will be two 10' parking spaces per unit.

Mayor McDonough declared the public hearing closed.

By motion of Mr. Hardcastle, seconded by Mr. Witt, Council by a unanimous roll call vote, approved the rezoning and adopted the following ordinance:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 221-235 NORTH NEW STREET.

WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property described below from RG-1 to RG-3.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-1 to RG-3 on that property located at 221-235 North New Street, owned by Capital Cleaners & Launderers, Inc.

ADOPTED: January 11, 1982

PUBLIC HEARING - ORDINANCE AMENDMENT TO POLICE PENSION PLAN

A public hearing was duly advertised for this time and place to consider an ordinance that would amend certain provisions of the Police Pension Plan. Mayor McDonough declared the hearing open.

Acting City Manager Hodge briefed Council on various discussions that took place during committee meetings in the past few months, stating that the amendment would revise and update the Police Pension Plan.

Mayor McDoncugh declared the public hearing closed.

By motion of Mr. Boaman, seconded by Mr. Carey, Council by a unanimous roll call vote, adopted the following amendments to the Police Pension Ordinance, effective January 1, 1982:

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

The Code of Ordinances, City of Dover is hereby amended by deleting Article II, PENSION PLAN, of Chapter 18, POLICE DEPARTMENT in its entirety and by substituting therefore the following:

CHAPTER 18

ARTICLE 11. PENSION PLAN

DIVISION 1. GENERALLY

Section 18-21. Definitions.

ACCUMULATED CONTRIBUTIONS means the aggregate contributions made by a Member under the Plan with interest thereon at the rate of three percent per annum compounded annually from the last day of the Plan Year in which such contribution was made to the earlier of the date of commencement of Retirement Income or the date on which such Accumulated Contributions are payable pursuant to the provisions of the Plan.

AGGREGATE SERVICE means the adjusted service for all periods of employment as a Police Officer by the City. If an employee leaves the employment of the City prior to normal retirement, on re-employment by the City, his previous service time shall be counted at one-half value as part of his total service. The maximum adjusted time granted shall not exceed five years. Aggregate Service time shall be calculated from an adjusted service entry date.

AUTHORIZED LEAVE OF ABSENCE means an absence granted by the City. During such absence, the employee shall continue to make his normal contributions to the Plan. On his return to employment with the City, his service time shall be adjusted as Aggregate Service time.

AVERAGE EARNINGS shall mean the Earnings of an Employee for services to the City of Dover, averaged over the last three years of service before retirement or date of termination of employment, whichever is applicable.

CITY or City of Dover shall mean the Mayor and Council of the City of Dover, Delaware.

DEPENDENT shall mean a dependent child or a dependent parent. A dependent child is a person who is unmarried and either:

(1)has not attained age 18, or

(2)has attained age 18 but not age 22 and is attending school on a full time basis, or

(3)has attained age 18 and is permanently disabled as the result of a disability which began before he attained age 18

A dependent parent is the parent of a member who was receiving at least one-half of his support from the member at the time of the member's death.

EARNED INCOME means income from some labor, management, or supervision in production thereof, not income derived merely from ownership of property.

EARNINGS means the regular basic salary or wage, plus longevity pay paid to the Employee by the City. It shall not include overtime or Extra Duty Pay.

EFFECTIVE DATE shall mean January 1, 1982.

ELIGIBLE SURVIVOR shall mean one of the following in the order of preference listed:

(1) the member's spouse who was married to the member for at least 12 months and who was not domiciled apart from the member at the date of the member's death;

(2) the surviving children of the member who has not attained his 18th birthday.

EMPLOYEE shall mean any non-civilian policeman employed by the City of Dover on a full-time permanent basis who is not eligible for any other pension or retirement plan of the City of Dover because of his employment classification. An employee will be considered a full-time employee if he regularly works 30 or more hours each week.

GROUP CONTRACT means an insurance contract adopted by the City for the purpose of providing all or part of the Retirement Income credited under the Plan.

INSURANCE COMPANY means an insurance company with which the City has executed a Croup Contract for the purpose of providing the benefits under this Plan.

MEMBER shall mean any Employee who has met the requirements for participation in the Plan as defined in Section 18-23.

NORMAL RETIREMENT DATE shall mean the date at which a member is eligible for retirement income. For a member who has received a disability benefit, the period of disability plus credited service, not to exceed 20 years shall be used in determining normal retirement date.

PARTIAL DISABILITY shall mean a medically determined physical or mental impairment which renders the member unable to function as a City Police Officer and which is reasonably expected to last for at least 12 months.

PLAN shall mean the City of Dover Retirement Plan for its non-civilian police employees, as herein set forth or as it may be hereafter amended.

PLAN YEAR means a year beginning January I and ending on the following December 31st.

RETIRED MEMBER shall mean a member who has terminated service, who is eligible to receive retirement income under this Chapter.

RETIREMENT COMMITTEE shall mean the body created in Section 18-46 and described in Section 18-47 of this Code.

SERVICE means the adjusted total of all periods of employment of a Police Officer by the City. Employment shall be considered continuous, though it be interrupted by absence due to illness, vacations, authorized leaves of absence not to exceed a period of five years, or absence for military service under leave granted by the City or when required by law. In granting leave of absence, the City shall give equal treatment to all Employees in similar circumstances. In cases of an Authorized Leave of Absence, the Employee, to preserve his continuity of employment, must continue to make his contributions and must return to work upon the expiration of such leave of absence, unless the absence be subject to Statutory re-employment rights, such as military service in time of national emergency, in which event the statutory period for re-employment shall control. If any employee withdraws his pension contribution on leaving the employment of the City prior to his normal retirement date, on re-employment by the City, his previous period of service shall be adjusted as provided herein and counted as part of his aggregate service provided that he re-contributes adjusted monies withdrawn plus seven percent interest. This aggregate service time shall be calculated from an adjusted service entry date. If he does not re-contribute such monies, the service time shall start from the most recent service entry date.

TOTAL DISABILITY shall mean a medically determined physical or mental impairment which renders a member totally unable to work in any occupation for which he is reasonably suited by training or experience, which is reasonably expected to last -it least 12 months.

TRUST AGREEMENT shall mean the trust agreement between the City and the Trustee.

TRUST FUND or fund shall mean all money or other property which shall be hold by the Trustees pursuant to the terms of the Trust Agreement.

TRUSTEE shall mean the trustee acting as such under the Trust Agreement including any successor or successors.

Sec. 18-22. Plan’s Adoption not a contract, consideration, etc.

The adoption of the plan shall not be deemed to constitute a contract between the City and any employee or other person in the employ of the City, or to be a consideration for, or an inducement or condition of the employment of any employee or such other person or to give any employee the right to be retained in the employ of the City, or to interfere with the right of the City to discharge any employee or such other person at any time.

Sec. 18-23. Membership

(a) Employees hired prior to the effective date of this plan shall be covered by this plan.

(b) Individuals who, as of the effective date of this plan, are already receiving retirement benefits under a plan in effect previous to the effective date of this plan shall continue to receive benefits in accordance with the provisions of the previous plan.

(c) Employees hired on or after the effective date of this plan shall not be covered by this plan or any previously effective plan.

Sec. 18-24. Contributions

(a) For each year while a member of the Plan, a member shall contribute by payroll deductions an amount equal to four percent of his earnings.

(b) The City shall make such contributions as necessary to meet the requirements of the Plan.

(c) The Pension Board of the City of Dover Employee's Pension Plan shall remit to the Retirement Committee all appropriations, contributions, and interest allowance which it has received from time to time designated specifically for police pensions and credited to the Police Pension Fund of the City of Dover Employees' Pension Plan.

(d) The Retirement Committee shall receive all appropriations, contributions and interest allowances as may be received from time to time by the City from the State of Delaware or any other source and designated specifically for police pensions.

Sec. 18-25. Retirement Date.

(a) A member may retire on the first day of any month following his completion of at least 20 years service.

(b) A member who has completed 20 years service must retire no later than the first (lay of the month next following his 55th birthday or on the first day of the month following his completion of 25 years service, whichever comes first.

(c) A member who reaches his 55th birthday prior to completion of 20 years of service must retire no later than the first day of the month next following his completion of 20 years service.

(d) With the written consent of the participant and the Chief of Police, a participant's retirement may be deferred on an annual basis beyond his normal retirement to the age of 60 years.

Sec. 18-26. Amount of Retirement Income.

(a) The retirement income to which a member is entitled on his retirement date shall be equal to two and one-half percent of his average earnings, multiplied by his full years of service, including fractions of a year to the nearest one-twelfth year. However, this amount shall not exceed 62 and one-half percent of his average earnings.

(b) The retirement income of a retired member of this plan shall be increased by two percent per annum every January 1st. This increase in retirement pay shall be cumulative and the previous year's increase shall be included in the retired member's retirement income for the purposes of calculating the annual two percent increase.

(c) The normal form of payment of the retirement income payable to a retired member shall be a retirement income payable monthly commencing upon his retirement date and terminating with the last payment on the first day of the month following the death of the retired member. Retirement income benefits will be paid in equal monthly installments except that if the payments under this Plan will amount to less than $10.00 a month payments may, at the option of the Retirement Committee, be made less frequently than monthly, or a lump sum settlement of equivalent actuarial value may be made under the Plan.

Sec. 18-27. Disability Benefits.

(a) (1) A member who suffers a partial or total disability while on duty and employed as a Police Officer shall be eligible for a duty-connected disability pension. Cancer, Heart Disease, Hypertension, Respiratory Ailments, and other common diseases shall not he considered duty-connected disabilities unless proven otherwise. The burden of proof shall rest with the member claiming such duty connection.

(2) A member with ten years of credited service who suffers a partial or total disability and who is not eligible for a duty-connected disability pension shall be eligible for an ordinary disability pension.

(3) The determination of disability and its cause shall be made by the Board after receiving the recommendation of its medical committee.

(b)(1) The duty-connected total disability pension shall be 75 percent of earnings immediately prior to disability.

(2) The duty-connected partial disability pension shall be computed in the same manner as the normal retirement income based on credited service accrued to the date of disability, subject to a minimum of 50 percent of average earnings.

(c) The ordinary disability pension shall be computed in the same manner as the normal retirement income based on credited service accrued to the date of disability.

(d) The disability income of a disabled member of this plan shall be increased by two percent per annum every January lst. This increase in disability pay is cumulative and the previous year’s increase shall be included in the disabled member's disability income for the purposes of calculating the annual two percent increase.

(e) Disability pension payment shall be made to a member for each month beginning with the month in which he becomes eligible to receive such pension.

(1) Duty-connected total disability pensions, of 75 percent of earnings, shall continue until the member's normal retirement date, at which time it shall be reduced by one-third.

(2) Other disability pensions, of 50 percent or less of earnings, shall continue until the member ceases to be eligible or dies.

(f) If a member who is initially determined to be totally disabled partially improves but remains partially disabled, his total disability pension shall be reduced to a partial disability pension for as long as he shall remain partially disabled.

(g) If a member who is disabled recovers and is no longer totally or partially disabled, his disability pension shall be discontinued unless (I) he has reached normal retirement date, or (ii) in the case of a duty-connected disability, he is not offered employment by the City in a position for which he is suited by training and experience.

(h) A member aggrieved by the reclassification or termination of his disability pension pursuant to subsections (f) or (g) of this Section may appeal such decision to the Superior Court within 30 days of the day the decision is mailed. The appeal shall be on the record, without a trial de novo. The Court may remand the case to the Board for further proceedings on the record if the Court determines that the record is insufficient for review. When factual determinations are at issue, the Court's review, in the absence of actual fraud, shall be limited to a determination of whether the Board's decision is supported by substantial evidence in the record.

Sec. 18-28. Survivor and Death Benefits.

(a) Upon the death of a member who loses his life in the performance of his duties, a retirement income equal to 75 percent of his rate of earnings immediately prior to his date of death shall be paid to his eligible survivor.

(b) If a member who has completed at least ten years of service dies as a result of a non-occupational injury or siLkness, a retirement income computed in accordance with Sec. 18-26(a), but limited to a maximum of 25 percent of his average earnings, shall be paid to his eligible survivor.

(c) Upon the death of a member after his retirement date, a retirement income equal to SO percent of the retirement income otherwise payable to the member shall be payable to his eligible survivor.

(d) Benefits paid under this Section shall be increased by two percent per annum every January Ist. This increase is cumulative and the previous year's increase shall be included in the benefit amount for the purposes of calculating the annual two percent increase.

(e) Retirement income payable under this Section shall commence on the first day of the month next following the date of the member's death, or when the member had been receiving retirement income under Section 18-26 on the first day of the month following the last payment under Section 18-26, and shall terminate as follows:

(1) with respect to an eligible survivor who was the surviving spouse, with the payment due for the month in which his/her remarriage or death shall Occur, whichever occurs first.

(2) With respect to an eligible survivor who is a children.

(A) with the payment due for the month in which his/her 18th birthday or death shall occur, whichever shall occur first; or

(B) if said child(ren) is attending school on a full-time basis, with the payment due for the month in which he/she ceases to attend school on a full-time basis or with the payment due for the month in which his/her 22nd birthday shall occur, whichever shall occur first; or

(C) if said child(ren) has attained age 18 and is permanently disabled as a result of a disability which began before he/she attained age 18, with the payment due for the month in which his/her permanent disability ceases.

(f) Each member shall have the right to name a beneficiary (and to change such beneficiary from time to time without notice to, or consent of the beneficiary) to receive the amount of death payment provided in subsection (g). Such nomination shall not be effective unless filed with the Retirement Committee. In the event that there shall be no effective designation of the beneficiary in existence at the date such payment is due to be paid, the payment shall be made to the estate of the member.

(g) Upon the death of a member (or, if payments to an eligible survivor became due, then upon the death of the survivor of the member and his eligible survivor, if any), there shall be payable to the member's beneficiary (as provided in subsection M)ar amount equal to the excess, if any, of his accumulated contributions over the sum of all amounts previously paid to such member and his eligible survivor, if any.

(h) The eligibility of any person or persons to receive retirement income payment as an eligible survivor shall be determined conclusively by the Retirement Committee bascd on application of such person or persons and any other information as the Co-.nmittec deems to be appropriate.

Sec. 18-29. Termination of Service.

If a member's service is terminated, other than by reason of retirement, death, or disability under the Plan, the following benefits shall be payable:

(1) If the member had not completed 15 years of service at the date of such termination, his accumulted contributions shall be paid to him as soon after such date of termination as practicable, and he shall cease to be a member.

(2)