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HomeMy WebLinkAbout1979 Ordinance No. 006. '\ ,_ • • • BY AUTHORITY COUNCIL BILL NO. 4, SERIES OF 1979. INTRODUCED BY COUNCILMAN SMITH ORDINANCE NO. 6 , SERIES OF 1979 ---- AN ORDINANCE AMENDING CHAPTER 9, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO THE CITY OF ENGLEWOOD RETIREMENT PLAN, REDEFINING THE TERM "EMPLOYEE," REQUIRING DISABLED EMPLOYEES TO MAKE APPLICATION FOR RETIREMENT AND MODIFYING THE MEMBERSHIP OF THE RETIREMENT BOARD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That subsection (d) of Section 3, Chapter 9, of Title V, in the '69 Englewood Municipal Code is hereby amended to read as follows: Section 2. 5-9-3: DEFINITIONS Whenever used in the Plan, the following terms shall have the respective meanings set forth below, unless the context clearly indicates otherwise: (d) "Employee" shall mean any person employed by the city on a permanent full-time basis. For the purposes of this retirement plan, police officers, paid fire fighters and elected officials shall not be considered to be employees. That subsection (a) of Section 19, Chapter 9, Title V, of the '69 E.M.C. is hereby amended to read as follows: 5-9-19: DISABILITY RETIREMENT (a) NO member THAT HAS COMPLETED FIVE OR '\ . •• • • • Section 3. MORE YEARS OF CREDITED SERVICE SHALL BE TERMINATED FROM EMPLOYMENT BY REASON OF DISABILITY UNTIL SUCH TIME AS THE BOARD SHALL HAVE DETERMINED THAT SAID MEMBER QUALIFIES FOR DISABILITY RETIREMENT AS PROVIDED HEREIN. A member sha%i be eii!i&ie rer a sieabiiiey ree~remeft~ ~£ his empieYJllefte w~th ehe e~ty ~s eeftftiftaeed by reaseft er a dieabiiiey, ~revided ehae he hae eempleeed £ive ~St er mere years e£ eredieed eerviee. Payment of a disability retiremen benefi t shall commence as of the first day of the month next following the date of r tiremen t, provided that the member is not covered by the city 's long-term disability plan. If the member is covered by such long-erm d isab ility plan, payment of the disability retire men t benefits pro- vided hereunder shal l conunence on the first day of the month next follow ing his normal retirement da The last payment shall be made as of the fir s t day of the month in which the death of the r etire member occurs or his disab ility cea s es , wh ic hever first occurs. If disability c eases on or after his normal retirement dat e and he does not return to full-time eJYt)loyment with the city, his disability retirement benefit shall be continued in the same manner as if his dis- ability had continued . That Sections 38 and 39 of Chapter 9, Title V, of the '69 E .M.C. are hereby amended to read as follows: 5-9-38: RETIREMENT BOARD There is hereby created a board to be known as the "Retirement Board of the City of Englewood," which shall be composed of seven (7) members. ONE ( 1) MEMBER SHA LL BE AN ELEC'rED MEMBER OF THE CITY COUNCIL , WHO SHALL BE SELECTED BY A MAJORITY OF THE MEMBERS OF CITY COUNCI L. ONE (1) MEMBER SHALL BE THE DIRECTOR OF FINANCE APPOINTED BY THE CITY MANAGER . "TWO (2) etteh members shall be employees of the city wh o are members of the Plan, who shall be selected by a vot e of all such members in -2- • • • • Section 4. accordance with such procedures as the City Manager may, from time to time, adopt therefor. Three (3) members shall be taxpaying electors of the City of Englewood, who shall be selected by a majority of the members of City Council. In addition, the City Manager, or his d esignee, shall serve in an advisory capacity, as an ex-officio, non-voting member. 5-9-39: TERMS OF OFFICE The terms of off ice of each voting member of the Retirement Board shall be for four years, providing SAID MEMBER continues to possess the qualifications therefor set forth in Section 5-9-38 during THE MEMBER'S TERM, provided, however, that the terms of office for those members originally elected shall commence on December 1, 1969, and shall be as follows: (a) One employee member shall serve until February 1, 1972, and one shall serve until February 1, 1974; (b) THE COUNCIL MEMBER SHALL SERVE DURING HIS TERM OF OFFICE AS A COUNCIL MEMBER; (c) THE DIRECTOR OF FINANCE SHALL SERVE DURING HIS TENURE IN OFFICE AS SUCH DIRECTOR OF FINANCE: and (d) One elector member shall serve until February 1 , 1974, and two elector membe rs shall serve until February 1, 1972. In the event of any vacancy occurring 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 if provided in Section 5-9-38. That all ordinances and parts of ordinances in conflict herewith are hereby expressly repealed . -3- Introduced, read in full and. passed on first reading on the 15th day of January, 1979. Published as a Bill f or an Ordinance on the 17th day of January, 1979. 5th Read by title and passed on final reading on the day of Feb ruary, 1979. Published by title as Ordinance No. 6 , Series of 1979, on the 7thday of February, 1979. ~~~- ~Tem Attest: I, William o. James, do hereby certify that the above and foregoing is a true, accurate and complete copy o ·f the Ordinance passed on final reading and published by title as Ordinance No. 6 , Series of 1979. -4-