§ (26). Pensions for police and fire employees.

To establish and maintain a separate system of pensions and retirement benefits for such officers and employees of the Department of Aviation, of the Police Department and of the Fire Department of Baltimore City as may be designated or described by ordinance of the Mayor and City Council of Baltimore; to fix the terms of and restrictions on admission to such system and the classifications therein; to provide that persons eligible for admission in such pension system shall not be eligible except as hereinafter provided for admission to any other pension system, the revenues of which are derived wholly or in part from appropriations made by the City, from license fees or from fines and forfeitures imposed under the laws or ordinances in force in Baltimore City; to provide for the optional transfer to such pension system of any officer or employee of either the Department of Aviation, the Police Department or the Fire Department of Baltimore City who is eligible to join such separate pension system, from any other system of pensions and retirement benefits operated and maintained by the Mayor and City Council of Baltimore; to provide in connection with such pension system, a system of benefits payable to the beneficiaries and dependents of any participant in such pension system after the death of such participant (whether accidental or otherwise and/or whether occurring in the actual performance of duty or otherwise), subject to such exceptions, conditions, restrictions and classifications as may be provided by ordinance; provided, however,

(1) that upon the adoption of an ordinance providing for their participation in such pension system, eligible officers and employees of the Department of Aviation, of the Police Department and of the Fire Department who do not elect to participate in such pension system, shall be entitled to the pensions, retirement benefits, other benefits or allowances for themselves, their widows or dependents, under the laws or ordinances in force immediately prior to the adoption of such ordinance;

(2) nothing in this subsection shall operate or be construed to diminish in any way the rights of any eligible members of the Police Department or of the Fire Department who are not participants in the presently existing general pension system of the City of Baltimore, their widows or dependents, to pensions, retirement benefits, other benefits or allowances provided for by laws or ordinances in force as of January 1, 1926.

Until amended by ordinance, the presently existing pension and retirement systems of the City shall remain in force. The provisions of this subsection shall be deemed to be in addition to and not in substitution of any other powers or authorizations now conferred upon the Mayor and City Council of Baltimore.