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HomeMy WebLinkAbout1975 Ordinance No. 058. · .. • • • -• I TRODUCED AS A BILL BY COUNCILMAN BLESSING BY AUTHORITY ORDINANCE NO. 58 , SERIES OF 1975 A ORDINANCE AMENDING CHAPTERS 4, 8 AND 9, TITLE V, OF THE 1969 E.M.C., REPEALING SUBSECTIONS (b) AND (c), SEC- TIO N 12, CHAPTER 4, TITLE V, RELATING TO ANNUAL SICK, MATERN ITY, FUNERAL AND HOtIDAY LEAVES; INSURANCE AND RETI REMENT BENEFITS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF E GLEWOO D, COLORADO, AS FOLLOWS: Secti on 1 That Sections 1, 7, 13, 15 and 17, Chapter 4, Title V of the 1969 E.M.C. hereby are amended to read as follows: 5-4-1: ANNUAL LEAVE (VACATION); ACCRUAL; QUALIFICATIONS (a) All employees in the classified service, except those employees classified under Section 5-6-10 (Fire Department), working a forty-hour week, shall be entitled to fifteen (15) days of annual leave each year. Annual leave shall accumulate monthly at the rate of one and one-fourth (l~) days per month of active service. In order to qualify for annual leave credit during the month, the employee must receive pay for at least one half (~) of the working days of that month. An- nual leave shall not be granted to any employee until he has been in the employ of the City for at least six (6) consecutive months. For those employees having less than ten years of continu- ous service the maximum accumulation of annual leave shall be thirty (30) days. (b) All employees in the classified service working assigned periods of twenty-four (24) hours (Fire Department) shall be entitled to seven and one- half (7~) shifts of annual leave each year. An- nual leave for said employees having less than ten years of continuous service shall accumulate at the rate of fifteen (15) hours for each month -1 - . .. • • • (c) (d) 5-4-7: of active service and maximum accumulation shall be three-hundred sixty (360) hours per annum. Qualification for annual sick leave shall be the same as other classified employees. After ten (10) years of continuous service all employees in the classified service, except those employees classified under Section 5-6-10 (Fire Department), shall receive one-and-one-half (l~) days of annual leave per month of active service, and firefighters shall receive nine-and-one-half (9~) shifts of leave for each year of continuous service. The maximum accumulation of annual leave for all classified employees, other than firefighters, working a forty-hour week, shall be forty (40) days; and for firefighters said maximum accumulation shall be four-hundred sixty-eight (468) hours. Annual leave shall neither be authorized nor computed for any purpose after the maximum accumulations of said leave have been reached. SICK LEAVE; USE (a) Authorization for sick leave shall be granted only for the following reasons: (3) ILLNESS OF THE EMPLOYEE'S SPOUSE OR CHILDREN WHICH NECESSITATES THE EMPLOYEE'S ABSENCE FROM SERVICE. (b) Sick leave shall be allowed only to the total amount accumulated at the beginning of a leave, as verified by the Personnel 9ffiee DEPARTMENT. 5-4-12: SICK LEAVE; INJURIES, TEMPORARY; TOTAL DISABILITIES (b) Repealed. (c) Repealed. (NOTE: These prov1s1ons are now contained in Titles II and XI of the Code.) -2 - .. • • • 5-4-13: MATERNITY LEAVE Pregnant employees shall be granted a maternity leave of absence without pay as follows: (a) Pregnant employees shall be granted maternity leave of absence without pay for a period of time up to but not exceeding four (4) weeks. (b) Employees granted maternity leave shall have the option of using accrued annual leave with pay for all or any portion of said four (4) week period. 5-4-15: FUNERAL LEAVE The appointing authority may grant leave with pay to an employee to attend the funeral of a member of the em- ployee's family. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed five (5) working days. For the purposes of this section, "employee's family" shall mean the children, GRANDCHILDREN, parents, GRANDPARENTS, brothers and sisters of the employee or of the employee's spouse. 5-4-17: OFFICIAL HOLIDAYS (a) The following days shall be considered official paid holidays by the City: (11) New Year's Eve: December 31. (Except em- ployees on shift work.) Secti on 2 That Section 2, Chapter 8, Title V, of the 1969 E.M.C. is hereby amended to read as follows: -3 - • • • 5-8-2: INSURANCE BENEFITS The City Council may, from time to time, authorize by motion or resolution, the expenditure of City funds for the payment of premiums for life, medical, dental, hospitaliza- tion, disability insurance, or portions thereof, for all City employ ees, OR CITY EMPLOYEES RETIRED PURSUANT TO THE PROVISIONS OF THIS CODE OR STATE STATUTE, or any part thereof, provided that a sufficient sum is appropriated for the payment therefor. Section 3 That sections 3, 12, 16, 19, 24, 36 and 37 of Chapter 9, Title V, are hereby amended as follows: ARTICLE II -ESTABLISHMENT OF RETIREMENT PLAN AND DEFINITION. 5-9-3: DEFINITIONS Whe never used in the Plan, the following terms shall have the respec tive meanings set forth below, unless the context clearly indicates otherwise: (W) "FINAL AVERAGE MONTHLY COMPENSATION" SHALL MEAN THE AVERAGE MONTHLY COMPENSATION RECEIVED BY THE MEMBER DURING THE LAST SIXTY (60) CONSECUTIVE CALENDAR MONTHS. 5-9-12 : ARTICLE V -CONTRIBUTIONS MEMBER CONTRIBUTIONS EFFECTIVE JANUARY 1, 1976, NO MEMBER WILL BE REQUIRED OR PERMITTED TO CONTRIBUTE TO THE PLAN. ARTICLE VI -RETIREMENT DATES NORMAL RETIREMENT DATE The normal retirement date of a member shall be the first day of the calendar month coincident with or next succeeding his 65th birthday, httt-net-hefere-Fehrttary-l;-1919 . -4 - .. • • • 5-9-19: DISABILITY RETIREMENT A member shall be eligible for a disability retirement if h i s employment with the City is terminated by reason of dis ability, provided he has completed five or more years of cre d i ted service. Payment of a disability retirement bene- fit shall commence as of the first day of the month next foll owing the date of retirement, provided the member is not c overed by the City's Long-Term Disability Plan. If the member is covered by such Long-Term Disability Plan, payme nt of the disability retirement benefits provided here under shall commence on the first day of the month next foll owing his normal retirement date. The last payment shall be made as of the first day of the month in which the death of the retired member occurs or his disability ceases, which- ever f irst occurs. If disability ceases on or after his nor- mal r etirement date and he does not return to full-time em- ployment with the City, his disability retirement benefit shall be continued in the same manner as if his disability had c ontinued. If the retired member's disability ceases prior to his normal retirement date, and he is not reemployed by the City, a nd i f he had met the requirements for an early or deferr ed vested retirement benefit on the date of his re- tirement for disability, he shall be entitled to receive, comme ncing on the first day of the month next following his n ormal retirement date, a retirement benefit equal in amou nt to the early or deferred vested retirement benefit to whi ch he would have been entitled, as of the date of his di sablement, considering his compensation and credited servi ce as if he had no disability; provided, however, if the member requests the commencement of his early or de- ferr ed vested retirement benefit as of the first day of the month next following his SSth birthday, or as of the first day of any subsequent month which precedes his normal retirement date, his retirement benefit sh~ll commence as of t he beginning of the month so requested, but the amount the reof shall be reduced in accordance with Section 5-9-22 base d on the number of years by which the starting date of the r etire ment benefit payments precede the member's normal retir ement date. If disability ceases before a retired member attains his normal retirement date and the member is reemployed by the City , the retirement benefit payable upon his subsequent retirement shall be determined in accordance with the pro- visi ons of Section 5-9-21 hereof . -s -. .. • • Notwithstanding any other prov1s1on of this section, no member shall qualify for a disability retirement if the Board determines that his disability results from (a) addiction to narcotics or hallucinogenic drugs, (b) an injury suffered while engaged in a felonious or criminal act or enterprise, or (c) service in the armed forces of the United States which entitles the member to a veteran's disability pension. Disability under the plan shall be considered total and permanent if, on the basis of a medical examination by a doctor or clinic appointed by the Board, the Board finds that the member has a physical or mental condition which totally and presumably permanently prevents him from engaging in any substantial gainful employment with the City. The Board shall, however, have the right to waive the requirement for a medical examination if it is determined that such an examination is unnecessary. Disability shall be considered to have ended if, ~rior to his normal retirement date, the member (a) engages in any substantial gainful activity, except for such employ- ment as is found by the Board to be for the primary purpose of rehabilitation or not incompatible with a finding of total and permanent disability, or (b) has sufficiently recovered, in the opinion of the Board based on a medical examination by a doctor or clinic appointed by the Board, to be able to engage in regular employment with the City and refuses an offer of employment by the City, or (c) refuses to undergo any medical examination requested by the Board, provided that a medical examination shall not be required more frequently than twice in any calendar year. 5-9-21: ARTICLE VII -RETIREMENT BENEFIT NORMAL RETIREMENT BENEFIT Upon retirement at normal retirement date, each retired member shall receive a monthly retirement benefit for ten (10) years certain, and life thereafter, equal to ene-twelfth {lll~) the sum of the following: (a) FOR PRIOR SERVICE: .65\ OF THE MEMBER'S FINAL AVERAGE MONTHLY COMPENSATION, MULTIPLIED BY THE NUMBER OF YEARS OF CREDITED PRIOR SERVICE. • -6 - .. • • • (b) FOR CURRENT SERVICE: 1.3\ OF FINAL AVERAGE MONTHLY COMPENSATION, MULTIPLIED TIMES THE NUMBER OF YEARS OF CREDITED CURRENT SERVICE. 5-9-24: DISABILITY RETIREMENT A MEMBER WHO MEETS THE REQUIREMENTS FOR A DISABILITY RET IREMENT BENEFIT AND WHO IS NOT COVERED BY THE CITY'S LONG-TERM DISABILITY PLAN SHALL RECEIVE A MONTHLY AMOUNT WHICH SHALL BE COMPUTED AS FOR EARLY RETIREMENT UNDER SEC TION 5-9-22, BUT WITHOUT REDUCTION. A MEMBER WHO MEETS THE REQUIREMENTS FOR A DISABILITY RETI REMENT BENEFIT AND WHO IS COVERED BY THE CITY'S LONG- TERM DISABILITY PLAN, SHALL RECEIVE A MONTHLY AMOUNT COM- MEN CIN G ON THE FIRST DAY OF THE MONTH NEXT FOLLOWING HIS ORMAL RETIREMENT DATE AND COMPUTED AS FOR A NORMAL RE- TIRE MENT UNDER SECTION 5-9-21, CONSIDERING HIS FINAL AVER- AGE MONTHLY COMPENSATION AT THE DATE OF HIS RETIREMENT FOR DISA BILITY AND THE CREDITED SERVICE HE ACCUMULATED DURING THE PERIOD IN WHICH HE RECEIVED LONG-TERM DISABILITY BENE- FITS . ARTICLE X -SEVERANCE BENEFITS 5-9-3 6: LESS THAN FIVE YEARS CREDITED SERVICE I n the event that a member shall resign or be discharged from the service of the City prior to his normal retirement date and less than five (5) years of credited service, the only benefit to which he shall be entitled under this plan shall be the SUM OF: (a) THE AMOUNT OF HIS ACCUMULATED CONTRIBUTIONS (b ) 2 \ OF THE COMPENSATION RECEIVED BY THE MEMBER SUB- SEQUENT TO DECEMBER 31, 1975. 5-9-37: FIVE OR MORE YEARS CREDITED SERVICE THE FOLLOWING SHALL APPLY TO ANY EMPLOYEE OF THE CITY OF E GLE WOOD AND A MEMBER OF THE CITY OF ENGLEWOOD RETIREMENT PLAN , AND WHO HAS ACCUMULATED FIVE (5) YEARS OR MORE OF CREDIT ED SERVICE AND HAS RESIGNED OR WAS DISCHARGED FROM SERVI CE WITH THE CITY, AFTER DECEMBER 31, 1975 . -7 - • • • (a) IN THE EVENT THAT A MEMBER SHALL RESIGN OR BE DIS- CHARGED FROM THE SERVICE OF THE CITY PRIOR TO HIS NORMAL RETIREMENT DATE AND HAS FIVE (5) OR MORE YEARS OF CREDITED SERVICE, HE MAY ELECT EITHER: (i) TO LEAVE HIS ACCUMULATED CONTRIBUTIONS ON DEPOSIT IN THE FUND AND BECOME A VESTED MEMBER, OR (ii) TO RECEIVE IN LIEU OF ALL OTHER BENEFITS A REFUND OF HIS ACCUMULATED CONTRIBUTIONS PLUS 2\ OF THE COMPENSATION RECEIVED BY HIM SUB- SEQUENT TO DECEMBER 31, 1975. IF SUCH A MEMBER FAILS TO ELECT EITHER OF THE ABOVE WITHIN NINETY (90) DAYS AFTER HIS DATE OF TERMINA- TION FROM THE PLAN, THEN HE SHALL BE DEEMED TO HAVE ELECTED TO LEAVE HIS ACCUMULATED CONTRIBUTIONS ON DEPOSIT AND BECOME A VESTED MEMBER. (b ) A VESTED MEMBER SHALL BE ENTITLED TO A DEFERRED RETIREMENT BENEFIT WHICH SHALL BE 100\ OF THE RE- TIREMENT BENEFIT EARNED TO THE DATE OF TERMINATION OF HIS MEMBERSHIP . (c) SUCH DEFERRED RETIREMENT BENEFITS SHALL COMMENCE ON THE FIRST DAY OF THE MONTH FOLLOWING THE MEMBER'S NORMAL RETIREMENT DATE. (d ) IN LIEU OF RECEIVING THE DEFERRED RETIREMENT BENEFIT UPON THE NORMAL RETIREMENT DATE THE VESTED MEMBER MAY ELECT TO RECEIVE A REDUCED RETIREMENT BENEFIT BEGIN- NING ON THE FIRST DAY OF ANY MONTH SUBSEQUENT TO HIS ATTAINMENT OF AGE FIFTY-FIVE (SS). THE REDUCTION SHALL BE THE SAME AS PROVIDED IN SECTION 5-9-22. (e) A VESTED MEMBER MAY ELECT AT ANY TIME PRIOR TO HIS RETIREMENT DATE TO RECEIVE IN LIEU OF ALL OTHER BENE- FITS A REFUND OF ANY ACCUMULATED CONTRIBUTIONS AS OF THE DATE OF THE REFUND PLUS 2\ OF THE COMPENSATION RECEI VED BY HIM SUBSEQUENT TO DECEMBER 31, 1975. Section 4 Inasmuch as the provisions contained in the Memorandum of Understanding between the Englewood Municipal Employees Associa- -8 - • • • tion and the City are scheduled to become effective January 1, 1976 , and it is imperative that this ordinance be in effect at that time, the City Council, therefore, finds and determines that an emergency exists and that the passage of the within ordinance is necessary for the immediate preservation of proper ty, health, peace and safety. Introduced, read in full and passed on First Reading on the 1st day of December, 1975. Published as a Bill for an Ordinance on the 3rd day of December , 1975. Read by title and passed on Final Reading on the 16th day of Deceaber, 1975. Published by title as Ordinance No. 58 , Series of 1975, on the 22 day of December, 1975 • ATTEST: I, William D. James, do hereby certify that the above and foreg oing is a true, accurate and complete copy of the Ordinance passed on Final Reading and published by title as Ordinance No. 58 , Series of 1975 . -9 -