Richard A. McDowell - Page 10

                                       - 10 -                                         
          amendment, City Ordinance Chapter No. 2391, approved on June 22,            
          1995, entitled "An Ordinance and Amendment Establishing a Tax               
          Exempt Plan for Firefighters and Policemen" (amendment).  The               
          amendment adds to the "Total and Permanent Disability" provision            
          of the City ordinance the following language:  "(C.) The benefits           
          established herein are in lieu of worker's compensation benefits,           
          which have not been available to the participants herein since              
          the inception of the Plan."  The amendment to the ordinance was             
          made retroactive from June 29, 1973 [the date of enactment of the           
          ordinance] by City Ordinance Chapter No. 2401, approved                     
          November 27, 1995.                                                          
               Petitioner argues that the amendment clarifies that the                
          benefits of the ordinance are "intended only for those injured in           
          the line of duty as in the case of a workmen's compensation act."           
          Respondent argues that petitioner's assertion is misplaced, and             
          in any event, the amendment should not be given retroactive                 
          effect.                                                                     
               We need not decide here whether the retroactive amendment is           
          permissible.  Even if the amendment were to be given                        
          retrospective effect, it would not cause the ordinance to be a              
          statute in the nature of a worker's compensation act.                       
               The title of the amendment suggests that its purpose is to             
          make City disability benefits tax exempt, but it does not control           

               2(...continued)                                                        
          1406, sections 11 and 11A.  These provisions are now found at               
          Chapter 59 of the City ordinance, secs. 59-24 and 59-25.                    



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011