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Home My WebLink About1975 Ordinance No. 057• • • . . .. ' I TROD UCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. 57 , SERIES OF 1975 AN ORDIN ANCE REPEALING AND RE-ENACTING SECTIONS 9 AND 10, CHAPTE R 1, TITLE II, OF THE 1969 E.M.C. BY ADDING NEW SEC- TIONS THERETO RELATING TO FIREMEN'S PENSIONS, SPECIAL FUND, DISABILI TY, PENSIONS AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE- WOOD, COLORADO, AS FOLLOWS: Secti on 1 That Sections Y and 10 of Chapter 1, Title II, of the 1969 E.M.C. hereby are repealed, and new sections to be num- bered 9, 10, 11, 12 and 13 are hereby added to read as fol- lows: 2-1-9 : FIREMEN'S ACCUMULATED CONTRIBUTIONSf REPAYMENTS; INJURY LEAVE AND DISABILITY PRE-RET REMENT BENE- FITS; SPECIAL FUND CREATED (a) There hereby is created a special fund to be known as the "Firefighters' Benefit Fund" for the purpose of refunding accumulated contributions to those fire- fighters coming within the provisions of this section, and to provide those funds necessary to pay the bene- fits accruing to firefighters, pursuant to the terms of this chapter. · (b) The City shall make contribution to said Firefighters' Benefit Fund at a rate to be determined annually in the following manner: At least every three (3) years, the City of Englewood shall have an actuarial study prepared relating to the Fire Pension Fund and FIRE FIGHTERS'BENEFIT FUND. The normal cost of the benefits afforded under the STATUTORY FIRE PENSION FUND AND THE NORMAL COST, PLUS ANY UNFUNDED COST PRORATED ON A THIRTY (30) YEAR FUNDING BASIS OF THE BENEFITS AFFORDED UNDER THE FIREFIGHTERS' BENEFIT FUND WILL BE DISTRIBUTED ANNUALLY INTO THE TWO PENSION FUNDS. The City's con- tribution into the Firefighters' Benefit Fund will be a figure derived by taking the TOTAL DISTRIBUTION TO BE MADE EACH YEAR, AS DESCRIBED ABOVE, AND SUBTRACTING CONTRIBUTIONS MADE BY THE EMPLOYEE, CITY AND STATE OF COLORADO, TO THE FIRE PENSION FUND. The resultant per- centage calculated annually will be paid from general revenues of the City into the Firefighters' Benefit Fund . -1 - • • • . • •• • I TRODU CED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. 57 , SERIES OF 1975 AN ORDINAN CE REPEALING AND RE-ENACTING SECTIONS 9 AND 10, CHAPTER 1, TITLE II, OF THE 1969 E.M.C. BY ADDING NEW SEC- TIONS THE RETO RELATING TO FIREMEN'S PENSIONS, SPECIAL FUND, DISABILITY , PENSIONS AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE- WOOD, COLORADO, AS FOLLOWS: Section 1 Th at Sections Y and 10 of Chapter 1, Title II, of the 1969 E .M.C. hereby are repealed, and new sections to be num- bered 9, 10, 11, 12 and 13 are hereby added to read as fol- lows: 2-1-9: FIREMEN'S ACCUMULATED CONTRIBUTIONSf REPAYMENTS; INJURY LEAVE AND DISABILITY PRE-RET REMENT BENE- FITS; SPECIAL FUND CREATED (a) There hereby is created a special fund to be known as the "Firefighters' Benefit Fund" for the purpose of refunding accumulated contributions to those fire- fighters coming within the provisions of this section, and to provide those funds necessary to pay the bene- fits accruing to firefighters, pursuant to the terms of this chapter. (b) The City shall make contribution to said Firefighters' Benefit Fund at a rate to be determined annually in the following manner: At least every three (3) years, the City of Englewood shall have an actuarial study prepared relating to the Fire Pension Fund and FIRE FIGHTERS'BENEFIT FUND. The normal cost of the benefits afforded under the STATUTORY FIRE PENSION FUND AND THE NORMAL COST, PLUS ANY UNFUNDED COST PRORATED ON A THIRTY (30) YEAR FUNDING BASIS OF THE BENEFITS AFFORDED UNDER THE FIREFIGHTERS' BENEFIT FUND WILL BE DISTRIBUTED ANNUALLY INTO THE TWO PENSION FUNDS. The City's con- tribution into the Firefighters' Benefit Fund will be a figure derived by taking the TOTAL DISTRIBUTION TO BE MADE EACH YEAR, AS DESCRIBED ABOVE, AND SUBTRACTING CONTRIBUTIONS MADE BY THE EMPLOYEE, CITY AND STATE OF COLORADO, TO THE FIRE PENSION FUND. The resultant per- centage calculated annually will be paid from general revenues of the City into the Firefighters' Benefit Fund . -1 - , .. . • • • • ' (c) In addition to the powers and obligations imposed upon the Board of Trustees of the Englewood Fire Pension Board, by Article 30, Title 31, C.R.S. 2 -1 -10 : 1973, as amended, said board shall have all powers necessary to supervise and administer the terms of this section. In addition thereto, said board shall have the power from time to time, as the need may arise, to transfer any surplus monies resulting in said Firefighters' Benefit Fund to the Firemen's Pension Fund of the City. FI.EFIGHTERS; PERMANENT JISA3ILITY S~ould any firefighter become permanently disabled, whether as a result of an on -the -j ob or off-the-job injury so that he becomes eligible for total disability benefits provided under the Fire Pension Fund, the City will pay, out of the separate existing 'Firefighters' Benefit Fund' an amount equal to twenty percent (20\) of said firefighter's salary in addition to any payments to be received by said firefighter from the Fire Pen- sion Fund , so that said firefighter shall receive a total of seventy percent (70\) of his salary, fifty percent (50%) from the Fire Pension Fund and twenty percent (20%) from the Fire- fighter ' s Benefit Fund. In the event that the Fire Pension Fund does not provide for the disability benefits for any reason, the Firefighters' Benefit Fund shall provide for the entire seventy percent (70\) coverage. The City will continue s ch payme nts until such time as the firefighter would have been eligible to receive normal retirement benefits under the Fire Pension Fund. 2-1-11: FIREFIGHTERS; RETIREMENT BENEFITS Any member of the Fire Department who has attained the age of fifty (SO) years and has twenty (20) or more years of credited service shall be eligible to receive a service retirement pension based on the employee's final base pay, allowing two-and-one half percent (2~\) for each of the first twenty years of credited serv- ice, plus one percent (1\) for each additional year of credited service , to a maximum of sixty-five percent (65\). Calculating the base pay means the amount of his monthly salary as of the date of his retirement. Pension payments shall be made in equal monthly installments to the member. -2 - ,. • • • • . • \ 2 -1-1 2: FIREFIGHTER'S PENSION CONTRIBUTIONS; REFUND Should any member of the Fire Department leave the servi ce of the City prior to becoming eligible to receive a pe nsion payable from the Firemen's Pension Fund, for any reason other than death, and said member has less than five (S) years of credited service at termination, said firefighter shall be entitled to a refund of his accumulated contributions of the Englewood Firemen's Pensi on Fund. The term 'accumulated contributions' shall mean the sum of said firemen's contribution to the City to the Firemen's Pension Fund together with interest, if any, thereon, as may be determined by the Boa r d of Trustees of said fund. If said firefighter has five (S) or more years of credi t e d service at termination, the firefighter may elect e i ther: (1) deferred monthly benefit payable beginning at age fifty (SO) based upon the member's final base pay, allowing two-and-one-half percent (2~%) for e ach of the first twenty years of credited service plus one percent (1\) for each additional year to a maxim u m of sixty-five percent (65\) of base base pay, or (2) receive a refund o f his accumulated contributions. as se t out above . 2-1-13: (a) (b) VOLUNTEER FIREFIGHTERS' PENSION FUND~ SPECIAL FUND CREAT ED; SOURCE OF CONTRIBUTION There is hereby created a special fund to be known as the "Volunteer Firefighters' Pension Fund" for the purpose of paying statutory benefits to volun- teer firefighters under conditions as provided by Part 4, COLORADO REVISED STATUTES, 1973, TITLE 31, ARTICLE 30, as amended. Bene f its for all volunteer firemen retired before December 31, 1974 shall be expended from funds re- ceived from the State of Colorado in the annual a llotment provided in COLORADO REVISED STATUTES, 1973 , TITLE 31, ARTICLE 30, Part 4, as amended . -3 - ,. . • • • (c) Section 2 An annual determination shall be made of the necessary allocation of the allotment between the Volunteer Firefighters' Pension Fund and the regular Firefighters' Pension Fund. Beginning January 1, 1975, the City of Englewood shall make contributions to the Volunteer Fire- fighter' s Pension Fund as determined necessary to annually fund the pension benefit accumula- tions of the volunteers. The contribution shall be based on an actuarial study to be done at least every three (3) years. Pension benefits to volun- teers retiring after January 1, 1975, will be paid from these contributions. In asmuch as the provisions contained in the Memorandum of Unders tanding between the Englewood Firefighters Associa- tion a nd the City are scheduled to become effective January 1, 1976, a nd i t is imperative that this ordinance be in effect at that time, the City Council, therefore, finds and determines that a n emergency exists and that the passage of the within ordinance is necessary for the immediate preservation of property, health , peace and safety. I ntroduced, read in full and passed on First Reading on the ist o f December, 1975. Publ i shed as a Bill for an Ordinance on the 3rd of Decembe r, 1975. Rea d by t i tle and passed on Final Reading on the 16th day of Dece mber, 1975. Published by title as Ordinance No.-5.Z_, Series of 1975, on the .zz__day of December, 1975 . -4 - ' • • • ATTEST: Ex I , William D. James, do hereby certify that the fore- going i s a true, accurate and complete copy of the Ordinance passed on Final Reading and published by title as Ordinance o. sz , Series of 1975 . -s -