BALLOT MEASURES APPROVED - MARCH 2009

On March 3, 2009 the following two measures were passed by the voters to amend pension benefits for LAFPP members:

DISABLED CHILDREN SURVIVOR BENEFIT (Charter Amendment C): A charter amendment to allow disabled children of deceased Plan members to marry or be adopted without losing the right to Dependent Child benefits.

Plan provisions provided Dependent Child benefits to the child of a deceased member who became mentally or physically disabled prior to turning twenty-one years of age. The Dependent Child was disqualified if he or she married or was adopted by a person of the same gender as the deceased member. Also, the benefit had to be paid to the Dependent Child's guardian or conservator. These provisions have been amended as follows:

  • Applicability - Effective May 1, 2009 and applies to disabled persons receiving Dependent Child benefits under any tier.
  • Elimination of the Marriage Penalty - No person shall be disqualified as a Dependent Child due to marriage. The provision shall apply to all applications for Dependent Child benefits on or after May 1, 2009. The benefits payable for any Dependent Child who was previously disqualified due his or her marriage may, on request, be reinstated as of May 1, 2009.
  • Elimination of the Adoption Penalty - No person shall be disqualified as a Dependent Child due to the fact that the person has been adopted by a person of the same gender as the deceased Plan Member. This provision shall apply to all established Dependent Children and any future Dependent Children applicants. Any Dependent Child who was previously disqualified due to his or her adoption may, on request, be reinstated as of May 1, 2009.
  • Payment Options for Benefits Belonging to the Dependent Child - The following payment options, as applicable, shall be available to all tiers for Dependent Child benefits that are the property of the Dependent Child and not the property of any other Qualified Survivor:
    1. Upon the Dependent Child's request, benefits may be paid directly to the Dependent Child if the Board of Fire and Police Pension Commissioners (Board) determines that the Dependent Child is an adult who is capable of managing his or her own financial affairs.
    2. If it has been determined by the Board that the Dependent Child is not capable of managing his or her own financial affairs, benefits that are the property of the Dependent Child will be paid to the guardian or conservator of the Dependent Child's estate, unless the Board authorizes payment to the trustee of a trust as provided below; or
    3. The Board may authorize payment to the trustee of a trust that meets the criteria of 42 U.S.C. Section 1396p(d)(4)(A), (B) or (C), after having determined it is in the best interest of the Dependent Child to do so.
  • Board Authority to Adopt Rules - The Board is authorized to adopt any rule necessary to implement these changes.

Implementation - Updated May 28, 2009

For information on filing a new application for a Dependent Child Benefit, please contact the Disability Pension Section at (213) 978-4500 or (800) 787-2489 ext. 84500#.

For information on reinstating a Dependent Child Benefit, please contact the Service Pension Section at (213) 978-4575 or (800) 787-2489 ext. 84575#.

 

SURVIVOR BENEFIT PURCHASE PROGRAM FOR RETIREES (Charter Amendment D): A charter amendment to allow retired members of the Los Angeles Fire and Police Pension System the option to provide a survivor benefit to a spouse married in retirement or domestic partner declared in retirement.

Plan provisions allowed a benefit continuance only if the member married or filed a domestic partnership declaration one year prior to retirement. This benefit has been amended as follows:

General Provisions

  • Member to Pay Full Cost - The Retired Member shall pay the full actuarial cost of the survivor benefit through a reduction in his or her monthly benefit.
  • Vesting Requirement - The right to survivor benefits are not vested until the Retired Member survives at least one year from the date that he or she elects to provide this benefit, unless the Board of Fire and Police Pension Commissioners (Board) determines the death was accidental. If the right to the benefits has not vested before the retiree dies, the payments would be refunded as a lump sum to the spouse or domestic partner.
  • Only One Election Allowed - A Retired Member may only exercise this election once.
  • Irrevocable Election - Once an election is made, it is irrevocable. The Retired Member's monthly pension benefits will be permanently reduced and will not increase if the spouse or domestic partner predeceases the member or if the marriage or domestic partnership is terminated.
  • Survivor Benefit - The benefit allowed by this amendment includes a percentage continuation of the Retired Plan Member's monthly benefit payable to the surviving spouse or domestic partner for the survivor's lifetime. To be eligible, the survivor must be either the spouse or domestic partner of the Retired Plan Member at the time he or she elected the benefit and at the time of his or her death. The survivor is not eligible for health subsidy benefits. The payment of this survivor benefit does not impact the payment of other survivor benefits from the Plan.
  • Payment Options - The Retired Plan Member shall select the percentage of continuance to be purchased from options provided by LAFPP.
  • Right to Review, Modify and Terminate the Program -The City has the right to review, modify and terminate the program to maintain cost neutrality. This right cannot be exercised until the program has been operative for at least five years and no more than every five years. If the program is modified or terminated, it will not affect members who had elected the continuance prior to the modification or termination effective date.
  • Board's Authority to Adopt Rules and Administer the Program - The Board shall administer the Program and adopt rules necessary to implement these changes.

Implementation - Updated May 28, 2009

Staff is currently accepting applications to purchase the survivor's benefit. For more information, please contact the Service Pension Section at (213) 978-4575 or (800) 787-2489 ext. 84575#.