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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.
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