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What kinds of pay are considered for salary for pension purposes?
For further detail check:
TITLE 50: INSURANCE, CHAPTER I
Department of Insurance
PART
4402
DEFINITION OF SALARY
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Base Pay - The basic salary attached to
rank which is specified in the bargaining contract, municipal pay plan or
any other document which establishes salary.
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Education Pay - Additional compensation
for attaining certain levels of academic and professional training, such
as an associate or bachelor's degree or attainment of firefighters certification
or firearm certification, or any other pay given for designated educational
achievement.
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Holiday Pay - Additional compensation paid
regardless of whether the employee must work on the holiday, unless there
is an option, such as time off in lieu of cash compensation.
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Longevity - Additional pay received after
the employee has attained a specified number of years of service. This pay
may be received with regular salary or in one or more lump sum payments
during the year. When paid in a lump sum, the amount should be prorated
to determine the monthly equivalent to compute all pension contributions
and benefits.
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Overtime Pay - Compensation for time worked
beyond the regular work hours, which is already included in the regular
salary attached to that rank or class.
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Specialty Rank - Compensation for services
performed in positions beyond the basic rank, such as detective, juvenile
officer, special instructor, shift commander, training officer, chief, emergency
medical technician, paramedic, range officer or mechanic.
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Temporary Pay - Compensation received for
temporarily performing the duties of a higher rank or specialty rank. This
is to be considered salary only if the temporary position has lasted for
a continuous period of more than one year. After temporary pay has been
received for one continuous year of service in that position, the amount
is considered attached to rank and then becomes salary for purposes of pension
computation.
What are non-salary compensation not considered salary for pension
contributions and pension calculations?
For purposes of calculating pension contributions and pension benefits, the
following categories of pay shall not be considered compensation:
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Accumulated Unused Time - Compensation for
unused accumulated vacation, sick, or personal time earned during employment,
regardless of whether the compensation is received during employment or
after termination.
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Awards - Compensation for an extraordinary
deed or accomplishment, which is not recurring in nature.
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Automobile Allowance - Compensation for
the use of the employee's personal automobile.
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Food Allowance - Compensation for the purchase
of meals while performing the duties required.
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Housing Allowance - Compensation received
for the purpose of providing housing, in whole or in part. The method of
providing the housing, such as renting or purchasing, is irrelevant.
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Merit Pay - Compensation which is neither
fixed in amount or determined by a reviewing bargaining agreement or pay
plan, nor added into the salary for determining future increases.
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Overtime Pay - Compensation paid for working
more than the regular hours specified in the contract or pay plan.
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Shift Differential - Compensation for working
a second or third shift, in addition to the salary attached to that rank
or class.
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Temporary Pay - Compensation received for
temporarily performing the duties of a higher rank or specialty rank position
shall not be considered salary unless and until this compensation has been
received continually for one full year.
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Uniform Allowance - Compensation received
as reimbursement or payment for the purchase of necessary uniforms and equipment
for use in the performance of the required duties. This compensation may
be paid as reimbursement or as a fixed amount, regardless of the actual
amount expended.
What about retroactive pay increases?
Entitlement to retroactive pay is to be determined by the contract or
agreement which authorized the salary increase. If an employee, entitled to
retroactive pay, retires after the effective date of a salary increase, the
retroactive payment will be subject to contribution withholding and the new
salary will be used to re-compute the pension benefits.
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Retroactive payments of compensation are treated as if they were paid during
the period for which the increase is computed. If an employee retired after
the effective date of the salary increase and is entitled to receive retroactive
payment of salary, the new salary becomes final salary attached to the rank
at the time of retirement and the salary on which the service pension is
computed.
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Entitlement to retroactive pay is to be determined by the contract or agreement
which authorizes the salary increase.
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