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

A. “Accumulated contributions” means accumulated normal contributions, plus accumulated dependent contributions.

B. “Accumulated dependent contributions” means the sum of all the dependent contributions, deducted from the compensation of a member and standing to his credit in his individual account, together with regular interest thereon.

C. “Accumulated normal contributions” means the sum of all the normal contributions, deducted from the compensation of a member and standing to his credit in his individual account, together with regular interest thereon.

D. “Actuarial equivalent” means a benefit of equal value when computed upon the basis of such mortality tables as shall be adopted by the retirement board and regular interest, except that such interest shall be compounded annually.

E. “Annuity” means equal monthly payments for life, derived from contributions made by the member, as provided in this chapter.

F. “Beneficiary” means any person in receipt of a retirement allowance, a death benefit or any other benefit from the disability and retirement system.

G. “Board” or “pension board” means the disability and retirement board.

H. “Compensation,” as distinguished from benefits under the Workmen’s Compensation Insurance and Safety Act of the state, means the gross remuneration prescribed by the city, by ordinance and in cash, without deduction except for absence from duty, for time during which the individual receiving such remuneration is in the employ of the city in the fire department.

I. “Compensation earnable” by a member means the compensation as determined by the disability and retirement board, which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates attached to the ranks or positions held by him during such period; it being assumed that during any absence he was in the rank or position held by him at the beginning of the absence and that prior to becoming a member of the fire department he was in the rank or position first held by him in such department.

J. “Dependent contributions” means contributions at the rates provided for in Section 2.92.040.

K. “Employee” means officer or employee.

L. “Final compensation” means the average monthly compensation earnable by a member during the five years immediately preceding his retirement or death before retirement.

M. “Finance Director” means the finance director of the city.

N. “Member” includes and means any person who is required to fight fires under the rules and regulations of the fire department from and after the date of this enactment.

O. “Normal contributions” means contributions at the rates provided for the members in Section 2.92.130.

P. “Pension” means equal monthly payments for life, derived from contributions made by the city, as provided in this chapter.

Q. “Prior service” as applied to members of the disability and retirement system, means service rendered prior to January 1, 1938.

R. “Regular interest” means interest at the rate adopted by the disability and retirement board, compounded at each June thirtieth, and subject to the provisions of Section 2.92.100 as to interest rate, plus such additional interest as the disability and retirement board may declare from year to year in accordance with the provisions of this chapter.

S. “Retirement allowance” and “death allowance” mean the pension plus the annuity.

T. “Service” means service rendered as an employee in the fire department in the city for compensation, and for the purpose of this chapter, a member shall be considered as being in the “service” only while he is entitled to receive compensation from the city for such service except as credit is allowed and granted in Section 2.92.240 for the time during which a member is retired for disability.

U. “System” or “retirement system” means the relief and pension fund, as established in Section 1 of the Charter Amendment of 1931.

V. “The Charter” means the Charter of the city.

W. “The service disability and retirement fund” means “a relief and pension fund” for the members of the fire department as established in Section 1 of the Charter Amendment of 1931. “Relief and pension fund” means the disability and retirement fund.

X. “Widow” as used in this chapter, does not include either the wife or any member who is, without cause, living separate or apart from her husband at the time of his death, or one who has either an interlocutory or final decree of divorce, allowed by any court of competent jurisdiction which decree awards the wife any amount for her support and maintenance. The disability and retirement board is empowered to hear and consider the application of any such wife, and to determine in its judgment if such separation was justifiable or excusable on the part of such wife, and the disability and retirement board may in its discretion, allow or reject the application for pension as provided for in this chapter. The decision of such disability and retirement board in such cases shall be final and conclusive. In the event that the disability and retirement board in its judgment disallows the claim of such wife, and there is a child or children of such deceased member under the age of eighteen years and unmarried, such pension shall be paid to such child or children as provided in this chapter.

Y. “Voting member” includes a member, or, a deceased member’s beneficiary spouse. The intent of this section is not to be interpreted as giving more than one vote to a family or extending voting rights to other beneficiaries of a member. (Ord. 3734 § 2, 1996; prior code § 5.38.020)