ORDINANCE NO. O-25-7

LEGAL NOTICE
CITY OF WARWICK
ORDINANCE NO. O-25-7

APPROVED May 6, 2025
Frank J. Picozzi, MAYOR

AN ORDINANCE AMENDING FIRE DEPARTMENT COMPOSITION, AGE REQUIREMENTS FOR APPLICANTS, SUPERINTENDENT OF FIRE ALARMS, MANDATORY RETIREMENT AGES, AND DEFINITIONS

Be it ordained by the City of Warwick:

Section I: Chapter 20 of the City of Warwick Code of Ordinances is hereby amended as follows:

[…]

Sec. 20-42. – Composition.

The fire department shall consist of a chief of the fire department and such additional personnel of other ranks and grades as the bureau of fire Board of Public Safety may from time to time determine. The complete rank of the personnel in the department may be as follows: chief, deputy chiefs, battalion chief, superintendent of fire alarms, and privates, with any acting officers and men/women necessary for proper operations.

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Sec. 20-50. – Age and residence requirements for appointees applicants.

An applicant for a position in the fire department must be not less than 21 18 years of age or shall not have passed his/her 30th 35^th birthday, and must be a resident and registered voter of this city at the time of appointment.

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Sec. 20-58. – Superintendent of fire alarms Deputy Chief of Communications.

The superintendent of fire alarms Deputy Chief of Communications shall be under the supervision of the fire chief. The installation and maintenance of wires and equipment connected with the fire alarm system shall be under the supervision of the superintendent of fire alarms Deputy Chief of Communications.

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Sec. 20-118. – Mandatory Retirement.

Any member who attains the age of 60 while an employee (age 65, if the member holds the rank of chief, deputy chief, battalion chief or higher, or superintendent of fire alarms) shall retire under section 20-111 as of the first payroll period end of the calendar year after his or her 60th birthday (65th birthday, if applicable).

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Sec. 20-141. - Definitions.

This fund is divided into two tiers, Tier I and Tier II. Tier I means the pension fund covering any employee hired after May 29, 1992 and before July 1, 2012. Tier II means the pension fund covering any employee hired after June 30, 2012. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Actuarially equivalent value means an amount having equal value when computed on the basis of a 2.84 percent interest rate compounded annually and the UP-1984 mortality table, for purposes of section 20-183.

Actuary means an individual who has attained Fellowship in the Society of Actuaries or a firm employing such an individual.

Administrator means the city treasurer, whose duties are described in section 20-261.

Base pay means the base wages paid to the employee in accordance with the collective bargaining agreement between the city and the union.

Beneficiary means the member's spouse, dependent child under 18 years of age or child 18 years of age or older who is receiving social security disability benefits. Such beneficiary is or may become entitled to receive pension benefits from the fund as a result of the death of the member.

Board means the city's board of public safety.

Creditable service means the service which is credited in accordance with division 3 of this article.

Earned income means compensation for employment which is taxable as wages under United States income tax law, or compensation for services rendered by the member on behalf of a corporation or partnership.

Effective date means May 29, 1992 for Tier I and means July 1, 2012 for Tier II.

Employee means any employee of the city's fire department who is or has been represented by the union for collective bargaining purposes or is a sworn member.

Final average salary:

(a) For Tier I means (a) if the member's retirement, death or disability occurs prior to January 1, 2005, the annual rate of pay equal to the average of the salaries received by the member for the period of three years of creditable service ending at the member's retirement, termination, or death, or the average salary received over the member's entire career if the member had less than three years of creditable service at the time of death or disability; or (b) if the member's retirement, death or disability occurs on or after January 1, 2005, the annual rate of pay equal to the salary received by the member for the period of the last year of creditable service ending at the member's retirement, termination, or death, or the average salary received over the member's entire career if the member had less than one year of creditable service at the time of death or disability.

(b) For Tier II means the annual rate of pay equal to the average of the salaries received by the member for the period of three years of creditable service ending at the member's retirement, termination, or death, or the average salary received over the member's entire career if the member had less than three years of creditable service at the time of death or disability.

Fund means the trust fund established to hold and invest assets to pay benefits under chapter 20, article III; chapter 20, article IV; and chapter 52, article II, as further described in section 20-243.

Holiday pay means compensation in excess of base wages paid to the employee on account of holidays in accordance with the collective bargaining agreement between the city and the union.

Internal Revenue Code means the Internal Revenue Code of 1986, as amended from time to time. Reference to a specific provision of the Internal Revenue Code shall include such provision, any valid regulation or ruling promulgated thereunder, and any provision of future law that amends, supplements, or supersedes such provision.

Longevity pay means compensation paid to the employee on account of longevity in accordance with the collective bargaining agreement between the city and the union.

Member means any employee or retired employee who participates in the plan with benefits defined under this article in accordance with the provisions of division 2 of this article.

Normal retirement age:

(a) For Tier I means the member's age upon completion of 20 years of creditable service or having attained the minimum age required to qualify for normal social security eligibility.

(b) For Tier II means 25 years of creditable service and having attained the age of 50 or having attained the minimum age required to qualify for normal social security eligibility.

Plan means chapter 20, articles III and IV.

Salary means the member's annual rate of base pay, holiday pay, and longevity pay, excluding compensation paid for any other reason.

Spouse means the person, if any, to whom the member is lawfully married at the time of his or her death.

Trustee means the trustee or trustees appointed by the administrator to administer the assets of the fund in accordance with section 20-261(2).

Union means Local 2748 of the International Association of Fire Fighters, AFL-CIO.

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Sec. 20-207. – Mandatory Retirement.

Any member who attains the age of 60 while an employee (age 65, if the member holds the rank of chief, deputy chief, battalion chief or higher, or superintendent of fire alarms) shall retire under section 20-201 as of the first payroll period end of the calendar year after his or her 60th birthday (65th birthday, if applicable).

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Section II: This Ordinance shall take effect immediately upon its passage and publication as prescribed by law.

SPONSORED BY:     COUNCIL PRESIDENT SINAPI ON BEHALF OF MAYOR PICOZZI

COMMITTEE: UNANIMOUS CONSENT / ORDINANCE

Attest:
Lynn D’Abrosca, City Clerk