City of Fort Wayne v. Ramsey

578 N.E.2d 725, 1991 Ind. App. LEXIS 1562, 1991 WL 191650
CourtIndiana Court of Appeals
DecidedSeptember 23, 1991
DocketNo. 02A03-9103-CV-71
StatusPublished
Cited by4 cases

This text of 578 N.E.2d 725 (City of Fort Wayne v. Ramsey) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Fort Wayne v. Ramsey, 578 N.E.2d 725, 1991 Ind. App. LEXIS 1562, 1991 WL 191650 (Ind. Ct. App. 1991).

Opinion

HOFFMAN, Judge.

Appellants-defendants appeal the trial court's summary judgment ruling in favor of appellees-plaintiffs.

This case involves the 1925 Police Pension Fund. This fund provides pension benefits for retired police officers of the Fort Wayne Police Department hired before May 1, 1977.

Appellees in this case are retired members of the City of Fort Wayne Police Department. The class of persons represented by appellees is clearly defined and includes all other retired members of the City of Fort Wayne Police Department and the surviving spouses and dependents of former police officers who are entitled to benefits from the 1925 Police Pension Fund.

The appellants (City of Fort Wayne) ask this Court to review whether assessments paid by the City of Fort Wayne into the pension fund, on behalf of active members of the police force, should be included in calculating benefits paid out of the fund.

(On December 7, 1989, the City of Fort Wayne's chief of police, director of public safety, and personnel/labor relations director, executed an agreement on behalf of the City of Fort Wayne with the Patrolmen's Benevolent Association, Inc., which, among other things, established the salary of a first class patrolman for the City of Fort Wayne Police Department.

The Common Council of the City of Fort Wayne adopted this agreement in its entirety on January 9, 1990. Special Ordinance No. S-01-90 was enacted containing the terms of the agreement. The Mayor signed the ordinance on January 11, 1990, giving the the ordinance legal effect retroactive to January 1, 1990.

This Special Ordinance, No. 8-01-90, provides that beginning January 1, 1990, the salary of a member of the bargaining unit shall be $24,210.28; beginning January 1, 1991, the salary of a member of the bargaining unit shall be $25,828.95; and beginning January 1, 1992, the salary of a member of the bargaining unit shall be $26,-488.21.

The ordinance also provides additional "salary" longevity pay of $500.00 per year through 1992. The salaries were negotiated by collective bargaining between the City of Fort Wayne and the Patrolman's Benevolent Association, Inc. No retired police officer, however, is a member of the Patrolman's Benevolent Association, Inc.

IND.CODE § 36-8-6-4 (1990 Supp.) provides that each police officer of the City of Fort Wayne who is a member of the 1925 pension fund shall have an amount equal to 6% of the salary of a first class patrolman assessed against him or her and paid into [727]*727the 1925 Pension Fund.1 When the Indiana General Assembly amended IND.CODE § 36-8-6-4 in 1989, a clause was added which provided that the employer may pay all or a part of the assessment into the 1925 Pension Fund on behalf of each active member.

Prior to 1990, the City of Fort Wayne did not pay any portion of an active police officer's assessment into the pension fund on his or her behalf. However, in the agreement reached between the City of Fort Wayne and the Patrolman's Benevolent Association, Inc., the City of Fort Wayne agreed to pay 1/8 of the pension assessment during 1990, 2/3 of the pension assessment in 1991, and all of the assessment in 1992.

A retired police officer receives a pension based on 50% of the pay of a first class patrolman in the police department. IND. CODE § 36-8-6-9(b) (1990 Supp.). If the salary of a first class patrolman is increased or decreased, the pension will be proportionately increased or decreased. Id.

Appellees argue that the assessment paid into the retirement fund by the City of Fort Wayne constitutes salary and, therefore, pension benefits should be based on an amount which includes the assessment. The City of Fort Wayne, on the other hand, believes that the assessment is not salary, but is more in the nature of a fringe benefit, upon which retirement benefits are not calculated.

The trial court, upon summary judgment motion, agreed with the plaintiffs that the City of Fort Wayne must include the assessment paid by the City of Fort Wayne, on behalf of the active police officers, into the 1925 Police Pension Fund as a part of the salary of such police officers for pension computations.

Appellees correctly recite the proposition that although a payment may be designated by a term other than "salary," in this case retirement fund assessment, this does not necessarily mean that the payment is not "salary." The Court in Kilfoil, Mayor, etc., et al. v. Johnson etc. (1963), 135 Ind.App. 14, 191 N.E.2d 321, in finding that longevity payments were a part of "salary" and should be included in computing pension benefits, stated that although a portion of monthly wages is designated by a name other than salary, it should be considered as a part of the fireman's total salary.

The longevity pay cases, in which the court held that longevity pay falls within the salary formula for computing pension benefits, are cited by appellees in support of their argument that the pension fund assessment paid by the City of Fort Wayne should be included in the computation of retirement benefits. Kilfoil, id.; Orban et al. v. Allen et al. (1968), 143 Ind.App. 513, 241 N.E.2d 378. However, as noted by the Court in Hilligoss et al. v. LaDow et al. (1977), 174 Ind.App. 520, 368 N.E.2d 1365, these cases only apply to pension computations involving longevity pay and are not authority for the proposition that other forms of compensation necessarily constitute salary. Id. at 527, 368 N.E.2d at 1370.

"Longevity pay is not merely additional compensation. - Unlike fringe benefits and other forms of added compensation, longevity pay is an integral part of the individual employee's regular salary, whether or not the city appropriation ordinance designates it as such."

Id.

Appellees contend that the definition of "salary" is unclear. In asking this Court to interpret the language of the statute, appellees aver that the statute should be liberally construed in favor of the retirees. Kilfoil, supra. However, as the Court in HZilligoss pointed out, the rule to liberally construe pension statutes was never meant to be applied indiscriminately. The purpose underlying the pension program must be considered. Hilligoss, supra, at 528, 368 N.E.2d at 1370.

[728]*728In defining salary to not include insurance programs and clothing allowances, the Hilligoss Court adopted a more restrictive meaning of salary. The Court held that these benefits were not salary in the sense of a fixed amount payable at stated intervals. The benefits represented another form of compensation distinct from the employee's regular salary. Id. at 525, 368 N.E.2d at 1368. Therefore, salary was not to include all forms of compensation, only that remuneration which is paid on a regular and periodic basis in exchange for services. Id. at 530, 368 N.E.2d at 1371.

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Bluebook (online)
578 N.E.2d 725, 1991 Ind. App. LEXIS 1562, 1991 WL 191650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-fort-wayne-v-ramsey-indctapp-1991.