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HomeMy WebLinkAbout1990 Ordinance No. 0069 (j) BY !\IJl'HORITY ORDINANCE NO. __0 SERIES OF 1990 COUNCIL BILL NO. 3 INI'RODlJCfD BY COUNCIL MEMBER VA.~ DYKE AN ORDINl\NC£ EFFEL'Tmi THE RE.STATEMENr OF 1llE CID HIRE POLICE PENSION Pl.AN BY REPEALillG TI'l'LE l-6E-7 AND l\MENDillG TITLE 3 BY ENACI'mi A NEW OlAPTER 7. \·IHEREIIS, E!-1: l-GE-7-10 e,yp:,wers the Board of Trustees of the Englewood Policmen' s Pension Fund to reccmrend changes to the City's Police Pension Fund/ Plan; and \·IHEREAS, City Council desires to anact recor.r.ended changes t.iat benefit t.ie rrent>ers of the Plan; Nm, THEREFORE, BE IT ORDAlNED BY THE CITY COUNCIL OF = CITY OF ENGLEl'OJD, COLORADO 'l'HAT : Section 1. Title 1, Chapter 6E, section 7 is hereby repealed. Section 2. Title 3, Englewood Municipal Code 1985, is hereby amended by adding a new Olapter 7 relating to Police Officers' Pension Fund, to read as follows: 3-7-1: POLICE OFFICER'S PENSION FUND: 3-7-1-1: FUND CREATED: A. 'l'ne City does hereby elect to continue to pllticipate in the Police Pension Fund, in accorcance wit.i the provisions of Title 31, Article JO, Part 3, Colorado Revised Statutes, 1973, save and except to the extent the provisions of this Section supersedes any provisions of said statutes. B. '1'1ere hereby is created a special fund to be known as "Police Officers' Benefit Fund" for the purpose of paying those benefits accruing to poU~e officers, pursuant to the provisions of this Section, as well as Title 3 of the City Code. c. '!he City shall make C'Ontribution to said Police Officers' Benefit Fund at a r ate to be determined annually in the following manner: at Least every three (3) years, the City Shall have an actuarial study prepared relating to the Police Pension Fund and Police Officers Benefit Fund. 'l'1e normal C'OSt of the benefits afforded under the Statutory Police Pension Fund and the normal C"Ost, plus any unfunded C'OSt prorated on a thirty (30) year funding basis of the benefits afforded under the Police Officers' Benefit Fund will be distributed annually into the t>«> (2) pension funds. 'l11e City's contribution in to the Police Officers• -l - Benefit Fund will be a figure derived by taking the total distribution to be 11\!de each year as described above and subtracting contributions rr.ade by the ..,.,1oyee, City and State of Coloraoo, to the Police Pension Fund. The resultant percentage calculated annually will be paid fran general revenues of the City into t.lie Police Officers' Benefit Fund. D. In addition to the po;.ers i.rrpcsed upon the Board of Trustees of the Engle.cod Policer:-en' s Pension Fund by Title 31, Article 30, part 3, Colcrado !1evised Statutes, 1973, said Beard shall have all of the powers ner::essary to supervise and administer the provisions of this Section. E. The Pension Fund and Pension Plan shall be administered by the Plan docurrent as adopted by the City Council by resolution and which y be arrended as required by the Board of Trustees. 3-7-1-2 : PERMANENI' DIS.o.BILITY BENEFITS: A. In order t o suppler.ent the incorre of any police officer who, as a result o f injury or illness, is rendered permanently disabled, there shall be :>aid to such officer , out the the Police Officers' Benefit Fund, a ronthly benefit equal to twenty percent (20%) of his base salary plus longevit y ,"1 ich he was making at the tir.e that he incurred such I disability. Succi payment s.liall be in addition to any benefits payable C to ":he officer from t he statutory Police Pension Fund. , B. In order to be eligible to receive such payment, the officer nust, at the time of his awlication therefor, be permanently disabled fran performing the duties of any occupation for whic}:l the ofZicer, by reason c f his education, training and experience, would be capable of performing, but for the injury or illness i nvolved. In determining whe ther any officer is so permanently disable d, any disability and any known injury er illness wtiich pre-existed the officer's suployrrent with the City, shall be disregarded. C. Paiment to the officer of such benefits shall continue on a ronthly basis, subject to the following conditions: 1. Payment of such benefits sha t cease upon the date that the officer -.;ould have been, but for his di s.\lility, eligible to receiva normal, nondisability retirement benefits fran the Police Pensio Fund; 2. Paiment of sue ,, uenefitz shall cease should it be subsec-:-.1ently determ',ed that, by reason of retraining, int>rovement in condition, or for any other reason, the officer is no long er pennanently disabled fran performing the duties of any occupation for which he is qualified: and 3. There shall be deducted form the arrounts payable hereunder an am::iunt equal to any incare earned by the officer as a result of personal services (either as an erployee or another or on his own behalf). D. The Pclice Pension Board is hereby granted the authority and jurisdiction to issue regulations, not inconsistent with the u,rms hereof, designed to carcy out the purpose of this Section, and to hold r--,, I _j hearings, take evidence, receive infonnation and to make final and binding decisions, awards and resolutions respectir.'J the eligibility of officers f or initial, and continued, payment of benefits hereunder. (Ordinance 40 Series 1976) 3-7-1-3: RETIREME!n' BENEFITS: /!Jly police officer in covered !!11'ployment with the City prior to April 8, 1978 and who has attained the age of fifty-five (55) years and has twenty (20) or l1'0re years of credited service wit.'l the Englewood Police Division, or a rrerrber who has t wen ty-five (25) years of l1'0re of credit with said Englewood Police Division, regardless of age, shall be eligible to receive a service retirement pension based on the pclice officer's final base pay, allowing two and one-half percent (2 l/2o/.) fer e ach of the first twenty (20) years of accredited service, plus one percent (l'X,) for each additional year of accreclited service, to a maximum of sixty five percent (65-X,). Calculating the base pay means the average salary received as a rrember of said llepart!rent for one year oofore granting said ;,ension. Pension payments shall be made in equal 11'0nthly installments to the rrernber. 3-7-1-4: LEAVING SERVICE PRIOR 'ro ELIGIBILITI': Should any police officer in covered employment with the City prior to April 8, 1978 who lea· ,es the service of the City prior to becaning eligible to receive a pension, for any reason other than death, and said rrerrber has less than :ive (5) years o f c redited service at termination, he shall be entitled to a r~fund of his total co:,tribi.tion without interest; or if said rnestiler has five(5) or mre years of credited service at termination, said officer may elect either: A. To receive deferred l1'0nthly benefits payable beginning at age fifty-five ( 55) based u,_oon the rrerber' s final base pay, allowing two and one-half percent (2 l/2o/.) for each of the first twenty (20) years of accredited service plus one percent (l'X,) for each additional year of accredited service to a maxiJTun of sixty-five percent ( 65\) of base pay; or B. Receive a refund of his total contributions with interest, if any, thereon, as may be determined by the Board of Trustees of said Fund. 3-7-1-5 POLICE PENSION FUND In lieu of the provisions o f Titl!' ,,., Article 30, Section 312, C.R.S. 1973, the Board of Trustees of the Poli . ..:m's Pension Fund of this r-tJnicipality shall be governed by the followl · ,,revisions: The Board of Trustees of the Policeren • s Pension Fund in this Municipality shall have power to draw on such Pension Fund, £ran the Treasurer of the Policemen's Pension fund, and may invest the sane, or any part thereof, in the nmre of the board of Trustees of the Policemen's Pension fund, in any security, bond, debenture, corporate obligation, stock, preferred or , ,m,:,n, securities of any open-end or closed-end management-type investirent ca,pany or investment trust and participations in cam-on trust funds, to the extent that such investrrents would be authorized investzrents by fiduciaries within this State as set forth in Title 15, Article l, Part 3, C.R.S. 1973, or any subsequent anenci'rent thereto, providing that said Board shall at all tines hold fixed inco.-ne obligations having a book value or. cost of not less than si>.ty percent ( 60'l.) of the total <>:>ntributions made to said Policeiren's Pension Fund, less the arrounts paid out. All securities invested shall be depcsi ted with the Treasurer of the City, as ex officio treasurer of the Board of Trustees of the Policeiren•s Pension rund , and subject to che order of said Board. I ntroduced, read in full, and passed on first reading on the /Ith day of January, 19 90 . Published as a Bill for an Ordinance on the 11th day of January, 1990. Read by title and passed on final reading on the 5th day of February, 1990. Published by title as Ordinance No. {:i_, series of 1990, on the 8th day of February, 1990. Attest: ~~;._-.;f/(1µ£ City Clerk I, Patric.ia H. Crow, City Clerk of the City of E)')glewood, Colorado, herebY certify that the foregoing is a true copy of the Ordinance passed on , inal reading and published bY title as Ordinance No. ~' Series of 1990. /?41,;.~ .xt:CL(fr Patricia H. Crow r--. DATE January 8, I 990 INITIATED BY COUNCIL COIIM\JNICATION AGENDA IT . , 21 (b) SUBJECT Old Hire Pol ice Pension Board Old Hire Pol ice Pension Plan Restatement STAFF SOURCE Margaret Freeman , Director of Finance ISSUE/ACTION PROPOSED Adopt restatem~nt of Old Hire Police Pension Plan -Ordinance establishing Old Hire Police Pension and providing for adoption of Plan document by resolution. PREVIOUS COUNCIL ACT! ON No prev i ous City Council action. STAFF IINALYSIS The restatement of the Old Hire Pol ice Pension plan has been in draft and review for over one year . The purpose of the restatement is to: !. Better document all pension provisions in order to administer the plan as consistently as possible . 2. Provide definitive interpretations of the pension plan as mandated by Colorado State Statutes and the Current Englewood Municipal Code . 3. Provide techn ic al clarifications of pension provisions . 4. Provide for expanding the pe nsion Board f1 om three (3) to six (6) members . The current size of the board make it difficult to convene meetings when necessary. 5. Comply with Internal Revenue Service requirements for pension plans (including pretax deferment of emp l oyee contributions). The restatement of the pension pla n does not change any benefits that currently exist . It does not change contribution rates for the employee or the City and it does not change the formula for calculation of the current pension benefits . The purpose of the restatement is to better administer the curren t pension provisions . The plan restatement have been reviewed and appro••d by the City Att orney, the Old Hire Police Pension Board and by members of the plan. The employee elected board member has reviewed the restatement with current plan employees and has concurrence '----' fr011 the 111embers for adoption of the plan restatement . After the ordinance change has been adopted on first reading on J~nuary 8, 1990, the Resolution adopting the plan document will be scheduled for the January 15, 1990 City Council meeting. ~ The adoption of the restatement of the Pension Plan has no financial impact on the City and member employees . All contribution rates are to remain as current, pension benefits do not change and there 1s no financial impact to the Old Hire Police Pension Fund. There will be a tax deferment or tax savings to the contributing member employae .1 due to the 'pick-up' or t.ax deferm,,nt provision of the restated plan. 0 C