Sec. 102-238. Pension fund board of trustees.
(a) Created. There is created a board of trustees of the police pension fund in whom is invested the general administration, management and responsibility for the proper operation of the policemen's retirement system, and for making effective and construing the provisions of this article.
(b) Composition. The board of trustees of the police pension fund shall consist of seven trustees, as follows:
(1) Mayor or designee.
(2) City manager or designee.
(3) Director of finance.
(4) Board appointed trustee who must be an Aurora resident or a person who owns or operates a business in Aurora.
(5) Three trustees of the retirement system to be elected by the members of the retirement system under such rules and regulations as the board from time to time shall adopt. The mayor, city manager, and director of finance shall serve so long as they hold their elected or appointed city offices. All other trustees shall serve a term for a period of three years, which shall be overlapping terms pursuant to the rules and regulations of the board.
(6) The board appointed trustee shall be appointed by a vote of at least four trustees, not including any current appointed trustee. The appointed trustee's term shall be three years but the appointed trustee shall serve at the pleasure of the board and may be removed by an affirmative vote of at least four trustees. The appointed trustee shall be considered in determining the existence of a quorum.
(7) The following protocol shall be utilized when it is no longer possible to fill all three positions on the board as provided in section 102-238(b)(4) with active members. The board shall be authorized to promulgate an appropriate bylaw for the purpose of allowing one or more board positions to be held by a retirant when there are not enough active members who are willing to serve on the board. When this situation occurs, the bylaws shall provide for an appointment by the remaining elected board member(s) from among all retirants for the purpose of filling one or more of the board positions delegated to members. When a retirant fills a board position which had been previously held by an active member, the retirant shall be entitled to vote on all matters as if such retirant was an active member.
(c) Compensation. The board of trustees of the police pension fund shall serve without pay.
(d) Filling vacancy. If a police officer trustee under this article ceases to be a police officer in the service of the City, the board shall declare his or her office of trustee vacated.
(e) Officers.
(1) The board of trustees of the police pension fund shall have the following officers:
a. President. The board shall elect from its members a president of the board.
b. Secretary. The board shall elect from its members a secretary of the board.
c. Legal advisor. The city attorney shall be legal advisor to the board.
(2) The terms of the respective officers specified in subsection (e)(1) of this section shall be as determined by the rules and regulations established by the board.
(f) Medical committee. The board of trustees of the police pension fund may designate a medical committee consisting of three physicians. The medical committee shall serve at the pleasure of the board and receive such compensation as the board shall from time to time determine. The medical committee shall be the medical advisors to the board and shall perform such duties as are required of it in this article and any rules or regulations established under this article.
(g) Meetings. The board of trustees of the police pension fund shall hold meetings regularly, at least semi-annually, and shall designate the time and place thereof. All meetings of the board shall be public; each trustee shall be entitled to one vote in the meetings of the board. Four trustees shall constitute a quorum at any meeting of the board and a majority vote shall be determinative of any issue before the board. The board shall adopt its own rules of procedure and shall keep a record of its proceedings.
(h) Rules and regulations. The board of trustees of the police pension fund shall make all necessary rules and regulations for managing and discharging its duties, not inconsistent with statute or with the provisions of this article, which it may deem necessary or advisable to carry out the provisions thereof; shall hear and decide all applications for pensions under the provisions of this article, and its action upon such applications shall be final and conclusive, except that when, in its opinion, justice demands that such actions should be reconsidered, the actions may be reversed by the board. A record of such action and all other matters coming properly before the board shall be kept.
(i) Investigation, hearings. The board of trustees of the police pension fund may at any time make such investigation and hold such hearings as may be reasonably necessary to determine eligibility for retirement or disability pension of a member, eligibility of surviving dependents, including questions of dependency of such survivors and ages of minor children and the marital status of anyone receiving benefits.
(j) Plan administration; interpretation. The board has the discretionary authority and power to make factual findings, to fix omissions, to resolve plan ambiguities, to construe the terms of the plan, and to make benefit eligibility and service credit determinations, so long as an action does not contradict an express plan provision.
(k) No reliance upon opinion of individual trustee(s). No individual trustee of the board possesses the authority to make binding representations concerning benefit eligibility or determinations. All determinations of entitlement(s) to benefits and/or the imposition of liabilities must take place in the context of formal board proceedings. (Code 1979, §§ 8-297—8-301, 8-303—8-306; Ord. No. 2009-12, §§ 1—3, 6-8-2009; Ord. No. 2001-20, § 1, 5-14-2001; Ord. No. 97-50, §§ 5, 6, 10-6-1997; Ord. No. 97-28, § 2, 6-30-1997; Ord. No. 95-53, exhibit A (§ 8-301), 9-11-1995)