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HomeMy WebLinkAbout2013 Ordinance No. 065• • • ORDINANCE NO .~ SERIES OF 2013 BY AUTHORITY COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AMENDING TITLE 3, CHAPTER 4, SECTIONS 1, 11(1) AND 17(3), OF THE ENGLEWOOD MUNICIPAL CODE 2000 AMENDING THE NONEMERGENCY EMPLOYEES RETIREMENT BOARD PLAN AND AMENDING AND RESTATING THE EFFECTNE DATE OF THE PLAN DESCRIBED IN SECTION 3-4-1 TO DECEMBER 1, 2013. WHEREAS, the Englewood Municipal Code (E.M.C .) established a Retirement Board for nonemergency City employees called the Nonemergency Employees Retirement Board (NEERB) 2-7-1 E.M.C .; and WHEREAS, the NEERB is the Trustee of the Retirement Plan Fund to hold, manage and control the Fund in accordance with the Englewood Municipal Code (3-4-11 and 3-4 -12 E.M.C.); and WHEREAS, the Plan may be amended, or altered by the City (13-4-14 E.M.C.); and WHEREAS, long-time members of the NonEmergency Employees Retirement Board are term limited and qualified replacements are more difficult to recruit; and WHEREAS, reducing the number of Board members necessary for a quorum will help the NonEmergency Employees Retirement Board conduct business when fewer Board members are available; and WHEREAS, the date for distributions has been changed from December 31, 2007 to December 31, 2006 to correct a typographical error; and WHEREAS, with the passage of this Ordinance the NonEmergency Employees Retirement Plan shall be restated and effective December 1, 2013, to incorporate these amendments; and WHEREAS , the NonEmergency Employees Retirement Board approved these modifications at their meeting on August 20, 2013. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 3, Chapter 4, Section 1, "Purpose" of the Englewood Municipal Code 2000, to read as follows : 1 9 bi 3-4-1: Purpose Effective as of December J. l, ~ 2013, the City Council of the City adopted the amended and res tated Plan, as set forth herein, to continue and replace the Plan previously in effect. The Plan and Retirement Fund are intended to meet the requirements of Sections 401 (a) and 501 (a) of the Internal Revenue Code of 1986 , as amended. The Plan, previously known as the "C it y of Englewood Retirement Plan," is known as the "City of E ng lewood Nonemergency Em ployees Retirement Plan." The Plan and the Retirement Fund forming a part hereof, were established and s hall b e maintained for the exclusive benefit of the eligible Employees of the City and their Beneficiaries. No part of the Retirement Fund can ever revert to the City except as hereinafter provided, or be used for or diverted to purposes other than the exclusive benefit of the Employees of the City and th e ir Beneficiaries. This amendment and restatement of the Plan shall not , in any way, affect the rights of former Employees who participated in said Plan and who either retired or otherwise tenninated their employment prior to December J. l, ~ 2013 . The rights, if any, of such former E mployees and of their Beneficiaries and the amounts of their benefits, if any, shall continue to be governed by th e provisio ns of the Plan as it was in effect on December November 30 , ~ 2013, or the date, if earlier, of their retirement or termination of employment, unless specificall y pro vided for oth erwise herein. • Section 2. The C ity Council of the City of E nglewood, Colorado hereby authorizes amending • Title 3, Chapter 4 , Section 11, Subsection 1, "Retirement Board" of the Englewood Municipal Code 2000, to read as follows: 3-4-11-1: Retirement Board. T here is hereby created a board to be known as the NonEmergency Employees Retirement Board of the City of Englewood ("Retirement Board") which shall be composed of seven (7) members. One (1) member shall be an elected member of the City Council who shall be selected by a majority of the members of City Council. One (1) member shall be the City Treasurer. Two (2) members shall be employees of the City who are Members of the Plan, who shall be selected by a vote of all such Members in accordance with such procedures as the City Manager may adopt, from time to time. Three (3) members shall be electors of the City who shall be selected by a majority of the members of the City Council. In addition, the City Manager, or his designee, shall serve in an advisory capacity, as an ex official, nonvoting member. Members of the Retirement Board shall be appointed for four (4) yea r terms, provided the said member continues to possess the qualifications provided herein during the member's term and, further provided that: A. The Council member shall serve during his term of office as a Council member; and B. The City Treasurer shall serve during his tenure in office as City Treasurer. 2 • • • • Should a vacancy occur in the membership of the Retirement Board, the same shall be filled for the duration of the unexpired term only, in the same manner as provided herein. Prior to entering upon the performance of the duties of a member of the Retirement Board, each member thereof shall take and subscribe an oath that he accepts the obligations imposed upon him by the provisions of this Plan and that he shall faithfully perform the duties of such office. ¥-i¥e Four(~~ members of the Retirement Board shall constitute a quorum. All actions taken by the Board shall be approved by a majority vote of a quorum of the Retirement Board members. All actions, decisions and determinations of the Board shall be recorded in the minutes of the Retirement Board and, unless inconsistent with the provisions of the Plan, shall be binding and conclusive upon all interested parties. No member of the Board shall receive compensation for his service on the Board but a member may be reimbursed for reasonable expenses incurred in connection with his duties as a member of the Board . Section 3 . The City Council of the City of Englewood, Colorado hereby authorizes amending Title 3, Chapter 4 , Section 17 , Subsection 3(B)(l), "Definitions", of the Englewood Municipal Code 2000 to read as follows : 3-4-17-3: Direct Rollovers. B. Definitions: 1. Eligible Rollover Distribution. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Code Section 401(a)(9); and the portion of any distribution that is not includable in gross income ( determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). For distributions made after December 31, ~ 2006, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax Employee contributions which are not includible in gross income. However, such portion may be transferred only to an individual retirement account or annuity described in Section 408( a) or (b) of the Code, or in a direct trustee-to-trustee transfer to a qualified trust described in Section 401(a) of the Code which is exempt from tax under Section 501(a) of the Code or to an annuity contract described in Section 403(b) of the Code, provided such trust or contract provides for separate accounting for amounts so transferred ( and earnings thereon) including separate accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. [EDITOR'S NOTE: 3-4-17-3(B) 2 through 5 contains no changes and are therefore not included here] Section 4. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is 3 pronrnlgcited for the health, safety, and welfare of the public, and that this Ordinance is necessary for • the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 5 . Severability . If any clause, sentence , paragraph , or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 6 Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Sec ti on 7. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings , or prosecutions . Section 8. Penalty. The Penalty Provision of Section 1-4 -1 EMC shall apply to each and every violation of this Ordinance . Introduced, read in full, and passed on first reading on the 2nd day of December, 2013. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th day of December, 2013. Published as a Bill for an Ordinance on the City's official website begiru1ing on the 4th day of December, 2013 for thirty (30) days. Read by title and passed on final reading on the 16th day of December, 2013. Published by title in the City's official newspaper as Ordinance No~, Series of 2013, on the 20th day of December, 2013. Published by title on the City's official website beginning on the 18th day of December, 2013 for thirty (30) days . 4 • • • • • This Ordinance shall take effect thirty (30) days after publication following final passage . I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No.~ Series of 2013. ~~ Loucrishia A. Ellis 5