Subject: 10553/13.82-Charter/F&PPensionAmendments
Date: Wed, 27 May 1992 07:45:00 -0500


                            ORDINANCE NO.    10553  
                 
                 
                  AN ORDINANCE TO INCREASE THE PENSION BENEFITS
                  FOR THE SURVIVING SPOUSES OF CERTAIN RETIREES
                  UNDER THE FIREMEN'S AND POLICEMEN'S INSURANCE
                  AND PENSION FUND AS PROVIDED BY ORDINANCE NO.
                  8688, SECTION 1(10), NOW CODIFIED AS SECTION
                  13.75 OF THE CHATTANOOGA CITY CHARTER.
                 
                 
                                                    
                 
                 
       	    	 WHEREAS, Ordinance No. 8688, encaptioned:
            AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF
            CHATTANOOGA, AND ALL ACTS AMENDATORY THEREOF, PURSUANT
            TO THE PROVISIONS OF ARTICLE 11, SECTION 9, CONSTITUTION
            OF TENNESSEE, RELATIVE TO IMPROVEMENTS IN THE GENERAL
            PENSION PLAN AND THE FIREMEN'S AND POLICEMEN'S INSURANCE
            AND PENSION PLAN.
           
           
       Section 1(10), now codified as Section 13.75 of the Chattanooga
       City Code, Part I, provides that the City Council of the City of
       Chattanooga, in its discretion, after a recommendation has been
       received by the Board of Directors of the Firemen's and
       Policemen's Insurance and Pension Fund may, by ordinance passed 
on
       three separate readings, increase such pension benefits in this
       section or any section of the Private Acts of 1949, Chapter 165,
       as amended; and
       	    	 WHEREAS, the provisions of Ordinance No. 9778,
       encaptioned:
            AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF
            CHATTANOOGA, AND ALL ACTS AMENDATORY THEREOF, PURSUANT
            TO THE PROVISIONS OF ARTICLE 11, SECTION 9, CONSTITUTION
            OF TENNESSEE, RELATIVE TO CHANGES TO THE FIREMEN'S AND
            POLICEMEN'S INSURANCE AND PENSION FUND.
0C
       had the effect of reducing benefits payable to a surviving spouse 

       of non-service related disability retirees.
                                NOW, THEREFORE,
       	    	 SECTION 1.  BE IT ORDAINED BY THE CITY COUNCIL OF THE
       CITY OF CHATTANOOGA, TENNESSEE, that the pension benefits 
provided
       by Ordinance No. 8688 (encaptioned as set forth in the premises), 

       and now codified as Section 13.82 of the Chattanooga City Code,
       Part I, be and the same are hereby increased by providing:  That
       notwithstanding any provision to the contrary, the Firemen's and
       Policemen's Insurance and Pension Plan (Private Acts 1949, 
Chapter
       165, as amended) is hereby amended to provide that a surviving
       spouse of a member who retired after the effective date of
       Ordinance No. 9778 and prior to the effective date of this
       ordinance, and who elected an Optional Retirement Benefit under
       Section 13.82 at the time of retirement as the result of a
       non-service connected disability, shall be entitled to receive
       those benefits in Section 13.74 in effect immediately prior to 
the
       enactment of Ordinance No. 9778 (encaptioned as set forth in the
       premises).
       	    	 SECTION 2.  BE IT FURTHER ORDAINED, that if any clause,
       sentence, paragraph, section, or part of this ordinance shall be
       held to be unconstitutional or void, it shall not affect the
       remaining parts of this Ordinance, it being hereby declared to be 

       the legislative intent to have passed the remainder of this
       Ordinance notwithstanding such part, if any, as may be held to be 

       invalid.
       	    	 SECTION 3.  BE IT FURTHER ORDAINED, that this Ordinance
       shall take effect two (2) weeks from and after its passage as
       provided by law.
      
       PASSED on Third and Final
       Reading April 1, 1997.	     s/__________________________________
       	    	      	   	     	          CHAIRPERSON
      
       	    	      	   	     APPROVED:__X___  DISAPPROVED:_______
      
       	    	      	   	     DATE:  April 2, 1997.
      
      
       	    	      	   	     s/__________________________________
       	    	      	   	     	       	    MAYOR
       MAM:cjc