Voluntary retirement pension; emergency services

Sec. 12. (a) Benefits paid under this section are subject to section 1.5 of this chapter. (b) The 1953 fund shall be used to provide a member of the police department who retires from active duty after twenty (20) or more years of active duty an annual pension equal to fifty percent (50%) of the salary of a first class patrolman in the police department, plus: (1) for a member who retires before January 1, 1986, two percent (2%) of the first class patrolman's salary for each year of service; or (2) for a member who retires after December 31, 1985, one percent (1%) of the first class patrolman's salary for each six (6) months of service; of the retired member over twenty (20) years. The pension may not exceed in any year an amount greater than seventy-four percent (74%) of the salary of a first class patrolman. The pensions shall be computed on an annual basis but shall be paid in twelve (12) equal monthly installments. If the salary of a first class patrolman is increased or decreased, the pension payable shall be proportionately increased or decreased. (c) If a member retires upon the member's voluntary application after twenty (20) years or more of active service, the member then relinquishes all rights to other benefits or pensions for disability during the time of the member's retirement. (d) After retirement the member is not required to render further services on the police department and is no longer subject to the rules of the police department, unless a national emergency has been declared by the local board, on application by the executive, the safety board, and the police chief of the city. Upon declaration of such an emergency, the retired member, if physically able, shall return to active duty under the rank the member attained at the time of the member's retirement, and if the member refuses to return to active duty upon being declared physically fit, the member forfeits the member's right to receive the member's pension until the time the member returns to active duty and again is retired or discharged from service. (e) No pension, annuity, or benefit provided by this chapter is payable by the local board except upon written application by the member of the police department, or the surviving spouse or other dependent, upon the forms and with the information required by the local board.