HomeMy WebLinkAbout2000 Ordinance No. 010ORDINANCE NO. /0
SERIES OF 2000
BY AUTHORITY
t
COUNCIL BILL NO. 11
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE AMENDING 'flTLE 3, OF THE ENGLEWOOD MUNICIPAL CODE
1985 , WHICH PERTAINS TO MUNICIPAL OFFICERS AND EMPLOYEES.
WHEREAS. the Englewood Municipal Code contains sections which relate to
operational aspects of the Human Resources function; and
WHEREAS , the revisions relate to the removal of various adminiatrative policie1
and procedures from the Code and placing them into t he City of Englewood
Administrative Polices e nd Procedures manual;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLF,WOOD, COLORADO, AS FOLLOWS:
S!:s:l.ilm.J,. The City Council of the City of Engl ,• ,ood, Colorado hereby repeala Title 3,
Chapter 1, in its entirety and enacts a new i' • la 3, Chapter 1, of th• Englewood
Municipal Code 1985, which shall read ao f. , ·,. ~••:
TITLE 3
ADMINISTRATIVE POLICIES AND PROCEDURES, EMPLOYEE
ORGANIZATIONS, NEGOTIATIONS AND IMPASSE RESOLUTI0:-1
PROCEDURES; STRIKES; RETIREMEN." PLANS .
3-1: ADMINISTRATIVE POLICIES AND PROCEDURES
IN ACCORDANCE WITH ARTICLE VII OF THE ENGLEWOOD HOME RULE
CHARTER THE CITY COUNCIL HEREBY DIRECTS THAT ADMINISTRATIVE
POLICIES BE ADOPTED BY THE CITY MANAGER TO REPLACE FORMER
CODE SEC1'10NS RELATED TO: APPEALS AND HEARING OFFICER'~,
POSITION CLASSIFICATION . COMPENSATION PLANS. RECRUITMENT,
PROMOTION , DEMOTION. TRANSFER . SELECTION/ADVANCEMENT,
PROBATIONARY PERIODS , PERFOFM \NCE EVALUATIONS . TRAINING ,
RESEARCH AND EXPERIMENTAT'•.ON , HOURS OF WORK, RECORDS AND
REPORTS , SEPARATIONS , CORRECTIVE M lJ DI SCIPLINARY ACTIONS ,
CONFERENCES, COMPLAINTS AND APPEALS AS WELL AS CONr.UCT OF
MEMBERS .
Sl:l:wm.,2. The City Council of the City of rnglewood, ,:olorado hereby repeals Title 3,
Chapter IA, in its entirety, of the Englewood Muru cipal Code 1985.
~-The City Council of th,, Cit)' of Englewood, Colorado ~ereby repeals Title 3,
Chapter lB, in its entirety, of the Englewood Municipal Code '9P.5 .
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~-The City Council of the City of En1lewood, Colorado hereby repeala Title 3,
Chapter IC, in ita e'1tirety, of the Enclewood Municipal Code 1985.
~-The City Council of the City of Englewood, Colorado hereby repeala Title 3,
Chapter ID, in ita entirety, of the Englewood Municipal Code 1985.
~-The City Council of the City of Englewood, Colorado hereby repeala Title 3,
Chopter IE, in ita entirety, of the Englewood Municipal Code 1986.
~-The City Council of the City of Englewood, Colorado hereby repeala Title 3,
Chapter IF, in ita entirety, of the En1lewood Municipal Code 1985.
~-The City Council of the City of Englewood, Colorado hereby repeala Title 3,
Chapter IG, in ita entirety, of the Englewood Municipal Code 1985 .
~-The City Council of the City of Engl•wood, Colorado hereby repeala Title 3,
Chapter IH, in ita entirety, of the Englewood Municipal Code 1985.
Sci:wm...lll. The City Council of the City of Englewood, Colorado hereby repeals Title 3,
Chapter 11, in ita e ntll'ety, of the Englewood Municipal Code 1985.
~-The City Council of the City of Englewood , Colorado hereby repeals Title 3,
Chapter IJ, in ita entirety, of the Englewood Municipal Code 1985.
~-The City Council of the City of Englewood, Colorado hereby repeala Title 3,
Chapter IK, in ita entirety, of the Englewood Municipal Code 1985.
~-The City Council of the City of Englewood, Colorado hereby repeala Title 3,
Chapter IL, in ita entirety, of the Englewood Municip,1 Code 1985.
~-The City Council of the City of Englewood, Colorado hereby repeala Title 3,
Chapter IM, in its entirety, of the Englewood Municipal Code 1985 .
~-The City Council of the City of Englewood, Colorado hereby repeala Title 3,
Chapter IN, of the Englewood Municipal Code 1985
~-The City Council of the City of Engle,-ood , Colorado hereby repeala Title 3,
Chapter 10, in ita entirety, of the Englewood Municipal Code 1985 .
~-The City Council of the City of Englewood, Colorado hereby repeala Title 3,
Chapter 3, Section I, in its entirety of the Englewood Municipal Code 1985 .
~ The City Council of the City of Englewood, Colorado hereby repeale Title 3,
Chapter 3, Sections 2 and 3, in their entirety, of the Englewood Municipal Code 1985 .
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~-The City CollDCil of the City of Englewood . Colorado hereby NDlllllbon
Title 3, Chapter 4, to Title 3, Chapter 2, of the Englewood Municipal Code 1986, to
read as followe :
CHAPTER 2
EMPLOYEE ORGANIZATIONS
3-44, S-2-1: POLICY STATEMENT: From the effective date of this Chapter,
exclusive recognition of an employee organization to repreaent employee ■ in an
appropriate bargaining unit ehaU be accomplished only by election in the manner oet
forth herein. the City Council ehaU deaignate a Hearing Officer who ahaU be
responaible for overseeing all elections of an employee organization which aeeka
exclusive recognition as the certified employee organization in an appropriate
bargaining unit. Petitions for an election may only be submitted for selection. and
retention, of a certified employee organization or for clarification or amendment of an
appropriate employee bargaining unit.
M-1 3-2-2: PETITION FOR SE!.ECTION OF EMPLOYEE ORGANIZATION:
A petition for selection of a certified employee organization may be filed by an
employee or group of employee, who qualify for inclusion in an appropriate
bargaining unit, or by an employee organization claiming to represent employees in
an appropriate bargaining unit for the purpose of collective bargaining .
~ S.,2-3: PETITION FOR RETENTION OF EMPLOYEE ORGANIZATION:
A petition for retention of a certified employee organization may be filed by an
employee or group of employees who qualify for inclusion in an appropriate
bargaining unit or another employee organization wishing to decertify an existing
certified employee organization. Said petition ahaU be for the then certified
bargaining unit. When deemed appropriate by the Hearing Officer, a petition for
retention mcy also be treated as a pebtion for selection.
-3-2.-4: TIME FOR FILING PETITIONS:
A petition for selection or ret.ention of a certified empl oyee organization may be filed
at any time, provided (a) a valid election for selection or retention hna not been
conducted in the same appropriate bargaining unit within the preceding twelve (12)
months ; or (b) there is not then in existence a current and val id collective bargaining
agreement. In the event there exists a current and valid collective bargaining
agreement, a petition. to be timely , muat be filed with the City Clerk more than
three hundred thirty (330) calendar days, but not more th.,,, three hundred sixty
(160) calendar dsya prior to the expiration date of the effective collective bargaining
agree ment . A collective bargaining agreement that is prematurely extended or a
collective bargaining agreement that baa been negotiated a nd ratified prior to the
expiration of the th en current cnllective bargaining agreement, will not bar the filing
of a petition; provided said petition is filed more then three hundred thirty (330 )
calendar days , but not more than three hundred sixty (360 ) calendar daya prior to
the expiration of the then current collective bargaining agreement .
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8-+6 3-2-6: SHOWING OF INTEREST ON PETITION FOR SELECTION
OR RETENTION:
A petition for selection or retention muat be si(!Ded by at least thirty three pen:ent
(33%) of the full-time, classifiad employees , •. an appropriate bargaining unit
expressing a particular request with regard to representation .
-3-2-6: PETITIONS FOR CLARIFICATION OR AMF.NDMENT: A
petition for clarification or amendment of an existing appropriate bargaining unit
may be filad at any time by the City or an employee organization; provided, however,
that only one petition for clarification or amendment may be filed bv the same party
with respect to the same bargaining unit in any one calendar year. No election aball
be allowed or conducted for clarification or amendment. A Hearing Officer appointed
by the City Council shall conduct a bearing on the petition for clarification or
amendment conaistent with Section 3-2•ll. Following tbs hearing, tbs Hearing
Officer shall make a report which shall consilt of findings of fact and a
recommendation to the City Council, and the City Council's decision shall be efl'ective
on the date it is rendered and collective bargaining contracts shall contein language
U>Miatent with this Section.
a+;. 3-2-7: FORMS: An appropriate ionn or forms for the filing of the enumerated
petitiona shall be av:illable at the office of the City Clerk.
-3-2~: PROCESSING OF PETITION: A petition for selection or retention of
a certified employee organization or a petition for clarification or amendment of an
existing appropriate bargaining unit must be filed with the City Clerk. A copy of said
petition shall be simultaneously aervad upon the City Manager and/or the cunent
certified employee organization, if any. A Hearing Officer appointed by the City
Council shall process the petition and establish all n•ce88ary rules and prooedures
for conducting an election if an election ii to be ucted. If an election ii to be
conducted, the designated Hearing Officer shall .:hedule a pre-election amfi!rence
with the City and the employee organization(s) involved, to be held within 6.w, (6)
calendar days after the petition has been filed with the City. An attempt shall be
made to enter into a consent election agreement at the pre~lection conference. Such
agreement she:J include a description of the appropriate unit, the time and place for
holding the election and the payroll period to be used in determining the employees
within the appropriate unit that shall be eligible to vote . Such conaent election shall
be conducted within twenty-one (21) calendar days of the agreement under the
direction and supervision of the City Election Commissior,. Approval by the
designated Hearing Officer, lte time for oonducting the consent election may be
extended at the request of the City , petitioner, or other interested parties for an
additional period not to exceed twenty-one (21) calendar days .
M-11 3-2-9: PROCEDURE IN ABSENCE OF CONSENT AGREEMENT ON
SELECTION OR RETENTION:
A. If the parties are unable to ente.r into a consent election agreement, within
seve n (7) calendar days of the pre-election conference. the Hearing Officer shall
schedule a heoring tote held within fourte en (14) calentar days of the
pre-election conference . The Hearing OTicer shall do and perform the following
functions:
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1. Ealabliab, after not.ice and. bearin1 to both partiea, fair and eqlli~ble
election rulea and procedwu cleaiiJDed to inaure fre&dom of choice to all
employee, in the appropriate barpininJ unit to detarmine w~r they
wiah to bo repra .. nted for purp011a of collective barpinin1 in 1ucb a
manner thet the choice ■hall bo free of reetraint, coercion and lipilicant
milrepresentation of facts.
2. At the heanng provided for in pnragraph A above, the Hearing Officer
aball make a report that shall coneiat of tindinga of fact and a
~mmendation aa to whether there exieta an appropriata barcainin1
unit. In making such tindin1a and recommendation, the Hearin( Officer
eball rely on th,, following factors:
a. The unit will insure employees the fullest freedom and the
exerciea of rights granted under thia Title and under the City
Charter.
b. The community of interest of the employees.
c. The hietory of the employee relatioll8 in the u.:.it, among other
employeee of the City, and in eilnilar public employment.
d. The effect of the unit on the efficient operation of the public
service and sound employee relations.
e. The effect on ,e existing claeeificatio a etructure of dividing a
single claeailication among two (2) or more units.
3 . If the Hearing Offic.,· makes a finding and reoc:umenda thet there exieta
an appropriate bargaining unit, the Hearing Officer shall slso determine
the following iasuee:
a. Whether there ia a sufficient showing of employee interest to
justify a'l election.
b. Whether a question of representation exists.
c. Whether the employee crganization named in the petition is
qualified.
d. Whether there are barriers to an election in the form of an
existing contract or prior election.
e. Whether the election is otherwise proper under the Charter or
ordinances of the City.
B. The Hearinr Officer shall iaeue writtan findings and recommendations within
ten (IC) calendar days of the cloae of the hearing which shall contain reaaons
therefor as to any and all of the matters at issue such written findings and
recommendations shall be presented to the City Council for action no later
than the second regular Council meeting followin& the receipt of the Hearing
Ollicer'a findings and recommendations, the City Council aball vote to either
accept or reject the recommendations of the hearing Jf6cer. if the city council
approve1. a recommendation of the hearing officer that there exists an
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aporoprlate bargaining unit and an election should be held, the council ahall
set the time and place of holding an election and the payroll period to be uaed
in delermining the employee• within the appn,priate bargaining unit that
shall be eligible to vote and that the Election Commiuion shall 1upel'VI&e and
conduct the elect:,n by eecret ballot.
3+¼41 3-2-10: OBJECTIONS TO ELECTIONS:
A. Any party aad the Election Commission official supervising the election may
challenge, for good cause, the eligibility of any person participating in the
election. The ballots of such challenged pereons shall be impounded.
Immediately upon the conclusion of the election , the Election Commission ,hall
cause to be furnished to the parties a tally of the ballots. Within five (5)
calendar daya after '.he tally of ballots ha, been fumiahed, any party may file
with the City Clerk a written atatement of objcctio01 to the conduct of the
election or conduct affecting the results of the election, which shall contain a
short atatement of the reasons therefor. Any party may at this time alao file
objections to the findinga and recomm•~dations of the Hearing Officer which
were rendered covering those matters set forth in Section 3-4-9A and B. Copies
of such objections shall immediately be served upon the other parties by the
?arty filing them. The party filing objectiona ahall alao furnish to the City Clerk
and all other parties s summary of the evidence available to it to support the
objections .
B. If no objections were filed within the time set forth above , and if any
challenged ballots are insufficient in number to affect the results of the
clccticn, the City Clerk shall forthwith issue to the partiea a certification of ,.oe
results of the election, including certification of the certified ecployee
organization, where appropriate .
C. If objections are filed , or. if challenged ballots are sufficient in number to afft.t
the results of the election, the City Clerk shall report the objections to the City
Council which will designate a Hearing Officer within fifteen (15) calendar days
of the election to conduct a post-election h,,aring. Nothing be rein shall be
interpreted as precluding the same Hearing Officer serving in both the
pre-election and post-<!lection hearing. Within five (5) calendar days after the
appointment, the Hearing Officer shall schedule a hearing on the objections
and/or challenged ballots to be held within twenty (20) calendar days of his
appointment. The Hearing Officer's findings and recommendationa on all
matters in dispute shall be iaeued within ten (10) calendar days after the cloae
of the hearing. The City Council shall review and take action on the Hearing
Officers findings and recommendations ut the Council meeting following receipt
of such findings and recommendations . if the City Council determines that the
objections to the election are 1:1 ustained , the council shall determine what
ac:.ion . if any, should be implemented.
~+H 3-Z-11: HEARING PROCEDURES FOR PETITION FOR
CLARIFICATION OR A.tlENDMENT :
A. A hearing to be held by a Hearing Officer appoint.ea by the City Council to
determine the following ieluea ahall be held within fourteen (14) calendar daya
of the filing of the petition for clarification or am,ndment.
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I . Whether a petition was properly filed and i• otherwiae proper under thia
Title and under the Charter of the City of Englewood. "
2. Whether the amendment or clarification is consiotent with the coneopt or
appropriate employee representation units as contained in Subaection
a-+-9M¼ 3-2-9A2 .
B. The Hearing Officer's written findings and recommendations shall be iaaued
within ten (10) calendar days after the close of hearing and contain reuone
therefor ao to any or all of the matters at ioaue. The Hearing Officer's findings
,nd shall be acted upon by the City Council at its next regular meeting
following receip! of such findings and recommendations .
~-The City Council of the City of Englewood, Colorado hereby renumbers
Title 3, C, ,pter 5, to Title 5, Chapter 3, of the Englewood Municipal Coda 1986, to
read oe follows:
TITLE 3, CHAPTER 8
NEGOTIATIONS AND IMPASSE RESOL;JTION!l PROCEDURES, STRIKES
3-6-¼-S-3-1: STATEMENT OF POLICY: It is the public policy of the people of the
City to promote harmonious, peaceful and cooperative relationships between the
elected and appointed officials of the City and the members of the claHified service
and to protect the public by assuring, at all times, responsible, orderly and
uninterrupted operation of govemI:,~ 11t. services and where necessary to provide for
and regulate such matters of local concern. Since unresolved disputes in the public
service are injurious to the public and to the government of the City and City
employees, there is hereby provided, for full-time, classified employees in an
appropriate bargaining unit, the right to bargain collectively concerning certain
subjects with the City as employer through a certified employee organization and a
method for resolving impasses in such bargaining as hereinafter provided. The
establishment of this method of resolving such impasses shall be deemed to be a
recognition of the propriety of providing an alternative mode of settling disputes
where public employees , as a matter of public policy , and in recognition of the
desirability of maintaining a bala n~e in the labor management relationshi" TD.ust be
denied the right to strike.
3-6-1 S-3-2: ENTITLEMENT TO BARGAJS WITH Tl-TE CITY: Only full-tim<,
classrlied employees in un appropriate bargainL"lg \.i.Jl!, i,avt: th , right to bargain
rollectively with the Cit: r through their certified ~"Tlf · ,:,~e representative towards
securing a collective bargaining agreement . Only an e.t~.ployee organization that baa
been certified by the Career Service Board prior to No,,,. aer, 1995 or thereafter by
the City Council shall be entitled to engage in collective bargaining with the City.
3-6-3 S-3-S: SCOPE OF THE COLLECTIVE BARGAJNING AGRE'::MENT:
The collective barr•ining agreement between the City and the certified bargaining
representative sh t I consist of any and all terms actually agreed UJ:OD by the partieR,
which terms are not otherwise inconsistent with the ordinances or ChartAr of the
City. The collective bargaining agreement shall be for a term of not less than one
year, nor more th"'n three (3) years; provided, that all collective bargaining
agreements entered into shall be effective on a January I date and shall terminate
on a December 31 date.
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M-+ 8-3-4: COMMENCEMENT OF NEGOTIATIONS: The obliptio~. to meet
•t resporu,ible time• and negotiate in aood faith ■hall comm•nce on or prior to MRy
15 of any <pplicable yeu in which the barpiniJli agreement e:rpina or in which
collective barg1ining ia otherwiae pn,l)llr under tbia Title . Thia obliption ahall be
initiated by a request from either the c:ty or the certified employee repreaentative
•· :uch outlines the specific subjects upon which bargaining a hall be sought. Either
party, however, shall be permitted to raiae additional subjecta for bargaininr :n their
firat counter propC'881 . Only thoae mandatory economic subjecta so railed and upon
which the parties are at an imp .... may be referred to the arbitrator for i:Jipaaae
resolution.
~ S-3-.5: RATIFICATION OF AGREEMENT:
A. By the City. A collective bar;;ainine agreem.ent shall not be eftective between
the parties or binding upon the City until such time as the City Council
approves and ratllles the terms of said collective bargaining agreement. Upon
tentative agreement with the authorized representative of the City, the City
shall forthwith present aaid agreement to City Council for ita approval and
ratification, ar:u shall make every reasonable effort to secure said approval
and ratification.
8 . By the Certified Employee Organization. Upon tentative agreament with the
City, the certified employee organization and its oflicera shall forthwith preaent
said a1!fe8me.ot to it.a membera for their approval and ratification, and shall
make every r~asonable effort to secure said approval and ratification .
8-6-& 8-3-6: IMPASSE RESOLUTION: Impasse resolution shall be conductec
in accordance with the provisions of the City Charter, Section 137 :6.
3-64 S-3-7: STRIKES PROHIBITED :
A. The protection of the public health, ,afety and welfare demands that neither
the certified employee representative, nor any employee organization. nor any
employees of the City, nor any person acting in concert with them, will cauae ,
sanction or take part m ar~ strike .
B. In thee· ent a certified employt ,· representative engages in any conduct which
falls w; Jun the definition of "etrike" herein, ouch vio:ation ow,· I be cam.e for
the City to terminate the collective bargaining agreement with said certified
employee repr'?sentative and/or withdrawal of recognition of the certified
employee representative up on giving written notice to that effect to the chief
representative of said certitied employee representative or employee
organization, in addiuor, to what.ever other remedies may be available to the
City at law or in equity.
C. In the event an employee or e1 1,ployees enr,age in any conduct which falls
within the definition of "strilr t ' herein , such violation shall constitute just
cause for immediate dischJ :ge of said employee , in addition to whatever other
remedies may be available to the City at law or in equity. The City shall not
be require,· to pay any employ..-ony portion of his/her salary or fringe benefits
while engeging in activity in violati,•n of this Section. It is expresoly reco;nize<I
that the City has the right ,, selectively discipline, up to and including
discharge, any employet : or emplcyees whose conduct fall s within the definition
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of this Section without having to disc:ipline all employees whose conduct ran.
within the definition of thie Section. An employee or terminated or diociplined
by the City under thie Section ehall have the right to grieve eaia diociplinary
action. 1hlo~rlt lite 'Dieeipijner, .~ppeelo', Seelio11 a n1 9.
~-The City Council of the City of Englewood, Colorado hereby renumber•
Title 3, Chapter 6. to Title 3, Chapter 4 , "City of Englewood NonEmeraency Employeee
R,tirement Plan and Truet As Amended And R,atated Effective January I, 1999", in
ita entire ty of the Englewood Municipal Code 1985, to read a s follow ■:
CHAPTER 4
CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES
RE.r!REMENT PLAN AND TRUST AS AMENDED AND RESTATED
EFFECTIVE JANUARY I, 1999
3-6-¼ 3-4-1 : PURPOSE :
Effective as of January 1, 1999, the City Council of the City adopted the amended
and reatated Plan, as set forth herein. to continue and replace the Plan previoualy ii:
effect . The Flan and R,tirement Fund are intended to meet the ,equirementa of
Sections 401(a) and 501(a) of the Internal R,venue Code of 1986, a• amended. The
Plan previously kr.owu as the "City of Englewood Retireme nt Plan" shall hereinafter
be known as the "City of Englewood Nonemergency Employees Retirement Plan".
The Plan and the Retirement Fund forming a part hereof, were established and
shell be maintained for the exclusive benefit of the elisible Employees of th• City and
their Beneficiaries.
No part of the Retirement Fund can ever revert to the Cih·
provided , or be used for or diverted to purposes other
the Employe es of the City and their Beneficiaries.
•pt as hereinafter
~ exclusive benefit of
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 terminated their employment prior w January 1, 1999. The righta, if any,
of such former Employees and of their Beneficiaries und the amounts of their
benefits, if any , shall continue to be governed by the provisions of th e Plan as it was
in effect on December 31 , 1998, or the da M, if earlier, of their retirement or
termination of employment, unless specifir...Uy provided for otherwise herein .
3-M 3-4-2: DEFINITIONS AND CONSTRUCTION :
~ 3-4-2-1: NAME :
The retirement income plan •• set forth in this document shall be known as the City
of Englewood Nonemergency Em pioyees Retirement Plan and Trust and is
hereinafter referred to as the "Plan ."
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1-i-1-1 M-2-2: DEFINITIONS :
Unleaa the context otherwise requires, tho definitions and general provisiona contained
in this Subsection govern the construction ofthis restetod Plan.
A. "Accrued Benefit" means the benefit determined in accordance with Section
~ 3-4-7 hereof.
B. "Accumulated Contributions" means the sum of the Member's contributions to
this Plan , credited with interest thereon at the rate of 3.5% per annum .
C. "Act uarinl (or Actuarially) Equivalent" means equality in value of the aggre gate
amounts expected to be received under different forms of payment baaed on
interest rate and mortality assumptions as defined below unless otherwise
specifically provided in the Plan:
I. lntereat Rate Assumption for Alternative Periodic Benefite. The intereat
rate used for purposes of computing alternative periodic form• of benefits
shall be 7.5% effective January 1, 1986.
2. lntereat Rate Assumption for Single-Sum Payments. Effective for the
calendar year beginning on January 1, 1986, and for each calendar year
following sequentially thereafter, the intereat rate used for purpoeea of
computing single-sum payments shall be the immediate annuity rate
(subject to adjustment as required for deferred annuities) u.ed by the
Pension Benefit Guaranty Corporation as oftbe January 1 coincident
with or preceding the date as of which the amount of the altem.tive form
of benefit is being determined hereunder.
3. M•ntality Assumption.
a. Effe ctive J ·.tly I , 1999, the mortality assumption for calculation sball
be a unisex rate that is fifty percent (50%) male, fifty percent (50%)
percent female, taken from the 1983 group annuity mortality table.
prior to July 1, 1999, such mortality assumption shall be a unisex
rate that is fifty percent (50%) male , fifty percent (50%) female, taken
from the 1971 group Rnnuity mortality table .
b. Solely for purposes of Section-a+¾ 3-4-16, hereof, r a and after
January 1, 1995 , the mortality assumption for cs'.culation shall be
a uni sex rate that is fifty percent (50%) male , fif\y percent (60%)
female, taken fr om the 1983 group annuity mortality table.
D. "Beneficiary" means the person or persons who are so designated by the
Me mber, in the latest written notice which the Member has filed with the
Retiniment Board , to recci\'c any payment to which a Beneficiary may become
entitle,{ under this Plan.
E. "Board " or "Retirem en t Board " me1:1ns the Board appointed by the City Council
and chs.rged with the gen eral administra!ion of the Plan as set forth in Section
3-6-11-1 hereof.
F . "City" meana the Ci ty of Englewood , State of Colorado.
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0 . 'City Council" meana the City Council of the City.
H. "Code" or "Internal Revenue Code" means the Internal Revenue Code of 1986
26 USC (1986), aa amended from time to time .
I. "Compeneation" meana the total ca1h remuneration paid to an Employee for a
calendar year by the City for personal aervicea as reporter on the lsmployee'a
income tox withholding statement or statements (Form W-2 . or it.a aubaequent
equivalent), including longevity pay and excluding bonuses, extra pay,
compensation time, overtime, lump~sum payments in lieu of accrued vacation
time, sick leave, or personal leave, worker's compensation and any contribution
by the City under this Plan. or the like, but including any compensation that
the Employee baa elected to have deferred under Section 157 and Section 125
of the Internal Revenue Code. Effective January 1, 1989, the amount of a
Member's compensation for the purposes of the Plan durmg any Plan year
shall not exceed two hundred thousand dollars (S200,000 .00) subject to
coat-of-living adjuatmem, , n accordance with Code Section 415(d).
In addition to other applicable limitations set forth in the plan, and
notwithstanding any other provision of the plan to the contrary, for plan years
beginning on or after January 1, 1 r?6, the annual compensation of each
.. noneligible mtmber" taken into ac ,:ount under the plan ~hall not exceed tl 1e
Omnibus Budget Reconciliation Act '93 annual compeneation limit. The
OBRA '93 annual compensation limit is $150,000, as adjusted by the
commissioner for increases in the cost of living in accordance with Code Section
401(a) (17) (b). \he coat of living adjustment in effect for a calendar year
applies to any period, not exceeding 12 months, over which compenaation is
determined (determination period) beginning in such calendar year. If a
determination period consists of fewer than 12 months, the OBRA '93 annual
compensation limit will be multiplied by a fraction, the numerator of which is
the number of months in the determination period, and the denominator of
which is 12. A "noneligible membnr" is any member who first became a
member in the plan during a plan ytar beginning on or after January 1, 1996.
Effective January I. 1989, through December 31 , 1996, in determining the
compensation of a member for purposes of this limitation, the rules of Code
Section 414 (q) (6), shall apply, except in applying such rules, the term 'family'
shall include only the spouse of the member and any lineal deacendanta of the
member who have not attained age 19 before the close of the year, effective
January 1, 1989 through December 31, 1996, if, as a result of the application
of such rules the adjusted annual compensation limitation is exceeded then the
limitation shall be prcrated among the affected individuals in proportion to
each such individual's compensation as determined under this Subsection
~ 2-10·2·2(i), of the Englewood Municipal Code prior to the application
of this limitation.
J. "Credited Service" means the ~eriod of Service rendered by an Employee as a
Member for which credit is allowed.
K. "Disability" means a physical or mental condition which entitles the Member
to receive a disability income under the long-term disability insurance contract
maintained by the City .
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J,. "Effective Dote of this Plan" mea111 January 1, 1970. Thia amended and
restated Pion 11 effective as of January 1, 1991.
M. 'Employee" meona any person employed by the City on a permanent, full-time
ba.,is aa defined in the City Personnel Policy and Procedures. For the purpoee1
of thia retirement plan, police oflicera, pa.id firefighter■ and elected olliciala
shall not be considered to be Employees.
Effective January 1, 1987, included as employeea are lensed employees within
the a: •aning of Code Section 414(n)(2) except that if such leased employee■
constitute lees than twenty pereent (20%) of the nonhighl) compensated
work.oree within the meaning of Code Section 414(n)(l)(C) u). then the term
"Employee" will aot include those leased employees cover,i,i ~>' a plan
deacrib•,d in Code Sectiou 414 (n.\(~) unless otherwise prov;ded by th• term• nf
this Plan,
N. "Exempt Employee" means an Employee having one of the followin& titles aa
defined by City Peraonnel Policies and Procedures: City Manager, Aaaiatant
City Manager , any Department Head, Murucipal Court Judge, City Attorney _
snd Assistant City Attorney. Efrective January I, 1988, "Exempt Employee"
•hall also include any managerial, supervisory or confidential employee as
defined by City Personnel Policies and Procedures.
0 . "Final Average Monthly Com~naation" means 1/36 of a Member'• total
Compensation during the thirty-1ix (3 6) consecutive full calendar month■
(determined without the incluaion of any Break in Service) within the last one
hundred twenty (120) completed full calendar months of employment with the
City which yield the highest average Compenaation. In the event the Member
was employed for fewer than thirty-six (36) consecutive full calendar unnths,
such average monthly compensation shall be baaed on his Compensation for
the thirty-six (36) eucceeaive full months during hie last one hundred twenty
(120) full calendar months of employment with the City that would yield the
highest average, or his full period of such employment, if less than thirty-six
(36) months.
P . "Insurance Company" means any insurance company or companies appointed
by the City Count"l for long-term diaability coverage, or as provide,! in
Subsection-3+12-3 hereof.
Q. "Leave of Absence" means any absence authorized by the Employer ur.. uch
Employer's standard personnel practic,,s, provided that all persons u::~,.
similar circumstances must be treated alike in the granting of such Leave of
Absence, and provided further that the Employee returus or retires within the
period specified in the authoriud Leave of Absence.
R. "Member" n1ean!:t cmy person included in the membership of this Plan as
provided in Sec•.ion,l-ll-3 3-4-3 hereof. Effective January l, 1987, excluded as
members are lea,,d employees within the meaning of Code Section 414(n)(2).
S . "Normal Retirement Age" means age sixty-five (65).
T . "Normal Retirement Date" me&1o, the firat day of the calendar month
coincident with or next foUowing the sixty-fifth (65th) birthday of the Member.
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U. "Plan" means City of Englewood Nonemergency Employees Retirement Plan
AND TRUST, as amended from time to time.
V. "Plan Administrator" means the Retirement Board of the City.
W. "Plan Year" meana the cal•ndar year starting January I and ending
December 31.
X. "Previous Plan" means the City of En&lewood Retirement Plan (including any
predecessor plan(s) thereto) in force and effect for the period prior to January I,
1999, the Plan hereby being amended and restared. Any refemnce herein to
the Previous Pinn as of a certain date or for a ~rtain period shall be deemed a
reference to the Previous Plan as then in effect.
Y. "Retired Member" means a former Member whose employment terminatad by
reason of retirement or Disability and who is receiving or is entitled to receive,
or whose Beneficiary or estalA! is entitled to receive, benefits under this Plan.
Z. "Retirement Benefit" or "Pension" means any Retirement Benefit provided for
in Section -3-6-'1' 3.4. 7 hereof.
AA. "Retirement Fund" or "Fund" meane the "City ofEn&lewood Nonemerger.cy
Employee• Retirement Fund," maintained by the Retirement Board or in
accordance with the terme of the Trust Agreement, amended from time to time,
which constitutes a part of this Plan.
BB. "Service" meane a person's period or periods of employment as an Employee
used in determining eligibility or the amount of benefits as described in Section
a.&-4 3.4.4 hereof.
CC . "Trustee" meane any qualified and acting Truetee appointed by the City
Council as Named Fiduciary for the inveotment and management of Plan
assets, ae provided in Section~ 3-4-12 hereof.
DD . "Vested Member' means a former Member whose Credited Service has
terminated by reason other than retirement or Disability and who is entitled
to receive, or whose Beneficiary or estate is entitled to receive, benefits under
this Plan. A Veeted Member shell become a Retired Member upon the actual
commencement of benefit payments.
1-&-M-S-4-U!: CONSTRUCTION:
The masculine gender, where appearing in the Plan, shall be deemed to include the
feminine gender and words used in the eingular ehall include the plural uu.leee the
context clearly indicaree to the contrary. Words ouch ae "hereof." "herein," and
"hereunder," shall refer to the enfre Plan, :t('lt to any particular provision or section.
The Plan and Truet ehall each form a part of the other by reference and terme ehall
be used therein inu,rchangeably .
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~ 3-4-8: MEMBERSHiP:
M-3-i-S-4-8-1: EMPLOYEES ON JANUARY 1, 1970:
Every person who was an Employee of the City on January I. 1970 could become a
Member in the Plan on such date by properly filing with the Retirement Board, on or
befo re such date, the form of membership agreement furnished for that purpose . Any
such person who did not file the form of membership agreement on or before such
date may thereafter file such membership agree!Iient and become a Member on the
first day of any subsequent month.
3-6-3-9-3-4 ,-3 -2: EMPLOYEES HIRED AFTER JANUARY 1, 1970:
For each Employee hired after January l, 1970, membership in the Plan shall be a
condition of employment and each Employee shall become a Member on the date of
employment. Such Employee shall be required to complete the form of membership
agreement at the time of employment, election or appointment, except as follows :
A. The City Council may, by ordinance, establish optional pensi ,n or deferred
compensation plans for Exempt Employees . Upon establishment of any such
optional plan(s), an Exempt Employee may at his option elect t.o come within
the proviaions of such plan; provided, however, that an Exempt Employee may
noi concurrently be a Member of more than one retirement plan to which the
City is making contributions on his behalf during his employ,r,e nt by the City.
In the event that any said Exempt Employee of the City, who is present.ly •
Member of the Plan, elects to come within the provisions of any other
retirement plan established by the City Council and funded all or in part by
the City, be shall have the option to become a Vested Member of the Plan
(regardless of whether or not he bas completed five (5) years of Credited
Service) or to withdraw from the Plan the amount calculated under Section
3-64&-l¼ 3-4-10-2 hereof.
B. Exempt Employees of the City who are Members of the Plan shall, within six
(6) months from the institution of any optional plan(s) by the City Council, elect
whether or not to become a member of ony optional plan(s). Said election to
bi:.u;oc,e a member of the new plan or to remain a Member of the Plan shall be
irrevocable .
C. Those Employees who may become Exempt Employees by promotion or
appointment or otherwise, shall have sixty ;GO) days from the elfective date of
their appointment in said Exempt position in which to elect either to remain in
or to become a member of one or an!' other optional plan . The election to
become a member of another plan shall be irnvocable .
D. City Council has previously designated the International City Management
Association Retir ement Corpma!.io~ Deferred Compensation Plan ("ICMA-RC
Plan") which is esta blished under Sec 'ion 45i of the Code as an optional plan
to which the Cit} wonld make co ntribu\.~ons on behalf of Exempt Employees
who elect this option .
E. City Council has estabti.hed the managerial. supervisory or confidential ICMA-
RC Money Purchase Plan for managerial supervisory or confidential employeea
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effective January 1, 1988 •• an optional plan to which the City ■ball make
contributiona on behalf of any Exempt Employee who elect.a tbia P11111.
~ B-4-3-3: TERMINATION:
Membership of any Member shall terminate if and when be aball ceaae to be an
Employee for any reason, except ea proviried in Subsection-3.4.4.3 hereof.
S-S--1--1: CREDITED SERVICE:
3-6-+-l S--1--1-1 : CREDITED SERVICE:
Credited service shall be used to determine a Member's Accrued Bs nefit and
eligibility for benefits under the Plan. A Member's Credit,,<! Ssrvice ia the elapsed
time period from hie date of employment with th• City, u an Employee, to hie date
of termination of such employment, except ae provided below.
-S-4-4-2: LIMITATION ON CREDITED SERVICE:
A. No period of Credited Service shall be deemed to be increased or extended by
overtime .
B. Credited Service shall not include any period of time during which the Member
ia on an approved Leave of Abaence or interruption of Service as provided in
Subaection il-G-4-3 3.4 .4.3 hereof.
C. Periods of employment with the City prior to the date the Employee became a
Member aball not be included as Credited Service unless such an Employee (1)
elected to become a Member of the Plan on January 1, 1970 pursuant to
Subsection~ 3-4-3·1 hereof, or (2) is covered under the proviaiona of
Section Suhlection il-G-4-3 3-4--1-3 hereof.
D. Credited Service shall not include any period on the basis of which a
Retirement Benefit is payable under any other defined benefit retirement or
pension plan to which the City made contributions, other than benefits
pnyable under the Federal Social Security Act or the Volunteer Firefighters'
Penaion Fund.
E. Credited Service ■ball not include any period of time for which the City
contributes on behalf of an Exempt Employee to the ICMA-RC Plan or any
oil.er optional deferred compensation plan in lieu of this Plan, as provided in
Subs,;ction -3-4-3-2 hereof.
F. Credited Service aha!: not be extended beyond a Member's date of termination
for lump-sum payments in lieu of accrued vacation , sick leave or personal
leave.
G. Credited iJervice shall not include any period of time that a member continues
working .~or the City after commencement of the member's participation in the
deferred retirement option plan pursuant to Section~ 3-4-7-8 .
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~ M-4-3: BREAK IN SERVICE:
A Uember shall incur a Break in Servics if hi ■ Service a• ~n Employee termiilalllo
and he does not return to Service a ■ an employee within twelve (12) montha of the
date such Service terminated.
The Retirement Board slJall have the power to determin e when a Break in Service
shall have occurred, and such determ ination shall be made in a nondiscriminatory
manner.
The following shall not be considered a Break in Service :
A. A temporary lay -o fl' because of an illness or for purposes of economy ,
suspension, or dismissal, followed by death, or reinstatement, reemployment
or reappointilhmt within one (l) year.
B. A form al Leave of Absence. duly approved by the City Manager for a specific
period , followed by death or by reinstatement , reemployment or reappointment
within thirty (30) days after termination of the Leave of Absence .
C. Any Employee or any Member who is on a Leave of Absence on account of
entering into the milita,y service of the United States (including service in the
Unitad States Merchant Marine in time of war) shall, in the absence of
reasonable justification for additional delay , return to the Service of the City
within ninety (90) days after the time when a discharge from such milita,y
service was first available to such Employee. In the event that a Member or
employee doea not return to the Service of the City within the time specified
above , such Leave of Absence shall be considered a Break in Service .
NoLwitl,sta.nding any provision of the plan to the contrary , oontributiona ,
henefita and service credit with :-espect to qualified military service will he
provided in accordance with Code Section 414 (u).
D. The period during any Leave of Ab se na, or interruption of Service shall not
however, he included in Credited Service .
Effective ae of August 5, 1993 , a leave of absence pursu ant to the F3.lD.ily and
Medical Leave Act of 1993 . shall not be considered a brea• L· service ; however,
the employee will not receive any service credit during such an absence.
After January I. 1987. if any former Member (vested or nonvested) returne to
Service as an Employee within five (5) years after his date of termination, or if
a former Vested Member returns to Service as an Employee after such five (5)
years but without receiving any single -sum payment hereunder, then
applicable prior Credited Service shall be restored. Otherwise such prior
Credited Service shall be perma nently lost . oubject to the further provisions of
this Subsection ~-4-4-3. If any such rehired Member, whc had
returned to Service as an Employee within five (5) years after the date of
termination. had received a single-sum payment in lieu of Retirement Benefits,
an actuarial reduction c,hall be made in his Retirement Benefits under
Subsection,l-6-¼6-¼-3-4-16-1 hereof unless he repays the Fund within twenty
four (24) months of rehire. such single-sum amount, with interest at the rate
determined under Subsection~ 3-4 -2-2C2 he, ,of (interest rate
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aaaumption for single-sum payments) from the date the Membe.· received the
payment to the date of repayment.
Members of the Plan as of January 1, 1987, who were previously covued bF
the Plan but, J ue to a prior termination of employment. received such a
single-sum pa) ,ent, and wen• then reemployed by the City regan!J.u of tb,1
time that expir ..:d between their termination elate and reemployment date,
shall have until July 1, 1989 . in order to elect to repay such single-sum
amount and thereby avoid such actuarial reduction. The amount to be repaid
shall be calculated as set forth and must be repaid by July 1, 1989.
Any former nonveated Employee who returns to Service as an Employee more
than five (5) years after bis date of termination and who is a Member of the
Plan as of January 1, 1987, shall havo until September 30, 1987 to make
written application to the Retirement Board to have bis prior Credited Service,
if any, restored. The Retirement Board shall review such application and sball
determine on a nondiscriminatory basis, whether such prior Credited Service
shall be restored, and shall inform the Member of its determination by
December 31, 1987.
Any Member of the Plan who was an Employee on January 1, 1970 and who
did not elect to become a Member of the Plan on January 1, 1970 purauant to
Subaection 3-6-3-¼-2-10-3-1 hereof will, ae of January 1, 1987, receive aedit
for all service prior to the date he actually became a Member of the Plan. Such
a Member may elect in writing, prior to July 1, 1988, to pay a single sum
amount determined on the basis of the amount of accumulated contributiona
that said Member would have accumulated in the Plan as of July 1, 1988 had
be elected to become a Member of the Plan on January 1, 1970 and mada the
required contributions each year on the basis of compensation te received each
year. If the Member electa not to pay the single sum amount, hie retirement
benefit determined under Subsection 3-&-.-+ 3-4-7-1 hereof shall be reduced
by the actuarial equivalent of the single sum payment due as of July 1, 1988.
3..-++ 3-4--4-4: EFFECT OF OTHER PLANS:
Credited Service shall not include any period on the basis of which a Retirement
Benefit is payable under any other defined benefit retirement or pension plan to which
the City made contributions , other than benefits payable under the Federal Social
Security Act or the Volunteer Firefighters' Pension Fund. Credited Service shall not
include any period of time for which the City ...,,ntributes on behalf of an Exempt
Employee to the ICMA-RC Plan or any other optional defeM!d compensation plan in
lieu of this Plan, as provided in Subsection~ 3-4-3•2 . reof.
&--. 3+-4-5: MISCELLANEOUS:
No Period of Credited Service shall be deemed to be increaaed by overtime. A year of
Credited Service shall be given for eatl. three hundred sixty five (365) day period.
beginning with the first day of employment, which elapses while the employee is
entitled to Service Credit under the al,c .e provu ions of Subsection~ 3-4-4 hereof .
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1-U M-6: CONTRIBUTIONS:
3-6-6-1-3+6-1: MEMBER CONTRIBUTIONS:
Effective January I, 1976, no Member will be required l1t permitt, I to conlribute to
the Plan.
3-&+a M-6-Z: CITY CONTRIBUTIONS:
The City will , from time to time and at leaet annually, make contributiona to the
Trust Fund to the exwnt neceSAary to finance the benefite provided by the Plan on a
sound actuarial ba■is . The City expects to continue such contributions to the Plan,
but aaaumea no reeponaibility to do eo and reserves the right to auapend or 1.o reduce
contributions at any time.
8-6+& 1-4-6-3: APPLICATION OF FORFEITURES :
Any amount forfeited because of U,e termination of employment of I Member prior to
his having acquired a fully vested right to Retirement Benefits , because of the death
of any men1ber, or for any other reaeon, shall not be app)ied • , incteue the benefits
which would otherwise be payable to an, other Member. The ~mounts 10 forfr ,ited
shall be applied as soon as possible to reduce the contributio111 required to be made
by the City.
M-& 8-4-6: RETIREMENT DATES:
~ M-6-1: NORMAL RETIREMENT:
All permanent, full-time Employee■ of the City shall become one hundred percent
(100%) vested upon nttainment of their N11tmal Retirement Age and may retire at
any time thereafter.
The effective date of retirement under the proviaiona above •hall be the lint day of
the first month following the month in which such Employee actually retires from the
em ployment of the City.
8..-& M-6-2: EARLY RETIREMENT:
A. Regular Early Retirement: A Member or Vested Member who hae attained the
age of fifty-five (55) years and has completed at leaat five (5) yean of Credited
Service may elect to retire under Regular Early Retirement and have benefit
payments commence as of the first day of any calendar month, which shall not
be lesa than thirty (:O) nor ruore than ninety (90) daye after the filing of
written notification with the Retirement Board .
B. Special Early Retirement: A Member shall be eligible for Special Early
Retirement as of the first day of any calendar month if hia employment
terminates after he has attained t'le age of fifty-five (55) and the aum of hia
age plus his Credited Service at termi.iation equala eighty-eight (88) or more .
Such a Member may elect Special Early Retirement upon the filing of written
notilioation with the Retirement Board not lees than thirty (30) nor more than
ninety (90) daya prior to the date benefit payments are to commence.
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8-6-6-& 8-4-6-3: DELAYED RETIREMENT:
Every Member upon reachi:l g hia aillty-flfth (65th) birthday ehall be fully veated in
the benefite earned prior to ouch date and ahall be eligible to retitt under the Plan.
However, any Member elAgible for normal retirement may elect to delay his
retirement date ae permitted by the City PeraoMel Policies and Procedures. His
delayed retirement date ahall be the (U"■t day of the month, coincident with or next
following the date of hi■ actual retiremenL Aa a condition precedent to continuance
in employment beyond the Normal Retirement Date, the Member shall file with the
Retirement Board the written designation of a Beneficiary , whether or not the
Member elect& an optional benefit in acoordance with Section -3-6-3 3-4 -8 hereof.
~ 3-4-8-4: DISABILITY RETIREMENT :
Any Member who is disabled pursuant to Subsection~ 3-4•2-2(K) hereof
shall qualify for Disability retirement as provided herein. Payment of a Disability
Retirement Benefit shall commence on the liret day of the month next following lu
Normal Retirement Date. The laat paymentshall be D"ade as of the first day vf the
month in which the death of the Retired Member occura or his Disability ceaaes ,
whichever liret occurs. If Disability ceases on or after the Membera Normal Retirement
Date and he does not return to full-time employment with the City, hia Disability
Retirement Benefit shall be continued in the same maMer as if his Disability h•,d
continue..J..
If th• _.,tired Member's Disability ceases prior to hia Normal Retirement Date and be
is not reemployed by the City, and if he had met the requirements for an early or
deferred vested Retirement Benefit on the date ofhia retirement from Diaability, he
shall be entitled to receive, commencing on the firet day of the month next fellowing his
Normal Retirement Date, a Retirement Benefit, equal to the early or deferred vested
Retirement Benefit ,o which he would have been entitled, as of the date of hia
disablement. Such Retirement Benefit to be calculated ■hall conaidar the Credited
Service he could h.ve received during the period ofhia Disability. If the Member
requests the commer cement of h_;s early or deferred vested Retirement Benefit a■ of
the firet day of the m ,nth next following hi■ iifty fifth (55th) birthday, or aa of the lire!
day of any subsequent month which precedes ~is Normal Retirement Date, hi■
Retirement Benefit shall commence as of the beginning of the month so requested, but
the amount thereofshall b< reduced in accordance with Subsection~ 3-4-7-2
hereof based on the number of years by which the starting date of the Retirement
Benefit payments precede the Member's Normal Retirement 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 hie
subsequent retirement shall be determined in accordance with the provisions of
Subsection ;,++-1-3-4-7-1 hereof including Credited Service for the period that he was
diaabled.
Notwithstanding any other provision of this Section , no Member shall qualify for a
Disability Retirement Bene/it if the Board determines that his Disability reeulte
from an &.ddiction to narcotics or hallucinogenic drugs , an injury suffered while
engaged in a felonious or criminal act or enterprise , or service in the Armed Forces of
the United States which entitles the Member to a veteran's diaability pension .
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Disability under the Plan shall be conaidered total and ~rm~nt if \t ia
determined hy t~e Board that the Member ia eligible and receivin1 diaability benofita
from tho ion11-term diaability insurance contract runintainad by the City.
Disability ahall be conaidered to have ended if; prior to his Normal Retirement Date ,
the Member is no lon•,r eiigible for benefit.R from t.be lon1-term disability inaurance
contract maintauied by the City.
--8-4-6-6 : REQUIRED Dl'ITRIBUTJOrl OF RETIREMENT BENEFITS:
Notwithstanding any other provision of t.hia Plan, diatnbution of Benefits undar this
Plan shall commence not later than April I of the calendar year following the later of
the calendar year in which the Member "ttaina age ..,venty and one-half (70 1/2) or
the calendar year in which the Member retires.
M-'1-3-4-7: RETIREMENT BENEFITS:
~ 3-4-7-1: NORMAL OR DELAYED RETIREMENT:
Upon retirement at or ofter his Normal Retirement Date, each Retired Me nber ahall.
re.,.ive a monthly Re.u-ement Benefit equal to one and one half percent (1 1/2%) of
the : .• ember's :-'inal Average Monthly Compenaation multiplied by the total number
of yeara (inclu<iing fractional yeara) of the Members Credited Service.
~ ~-4-7-2 : EARLY RETIREMENT:
A. Regular En\y Retirement. A 1rlember or Veated Member, eligible for RecuJ .1r
Early Retimsent and retiring prior to his normal Retirement Date, shall ·oe
entitled to a re.J..ced Retirement Benefit w.'lich ahall be hie Accrued Bendit on
his RecuJar Early Retirement date , reduced by one fourth of one percent (.25%)
for each month by which the payment commences prior to the first of tho month
following his Normal Retirement Data .
B. Special Early Retirement . A Member who meet.a the requirements for Special
Early Retirement ehall receiv, a monthly amount computed as for a Normal
Retirement Benefit conaidering his Credited Service to the date of his actual
Retirement, payable without reduction for early commencement.
3-6-'l-3-8-1-7-3: DISABILITY RETIREMENT:
A Member who meets the requirements for a Disau.i.lity Retirement Benefit as a result
of receiving payment.a from the City's long•te= disability insurance contract shall
receive a monthly amount commencing on the first day of the month next following his
Normal Retirement Date and computed as for a normal retirement under Subeection
~ 3•4-7-1 hereof, conaidering his Final Average Monthly Compensation at the
date of his retirement from Disability and Credited Service for the period he received
long-term disability benefits from the City'• long-term disability insurance contract.
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~ 8-4-7-4: DELAYED RETIREMEN'.1;;
A Member retiring subsequent to hia Normal RA!tire.ment Date shall receive the
monthly retirement benefit computed under Subsecu,n ;J.&.H 3.4.7.1 hereof,
considering his/her final average monthly compenMti,111 at the date of his/her cctual
retirement and the credited eervice h.,she accumulate<i to tl.e date onJs/her actual
retirement .
~ S-4-7-6 : NORMAL rOBM OF PAYMENT:
Unlees optional benefits have be,,n elected pureuant to Section ll-1' -d 3•4•8 hereof, the
baeic monthly retirement ben efit comput.,d as ,et forth above, s hall be a ten (10) y•ar
certain and life benefit. Such benei:t ,hall be in equal monthly payments commencing
on the first day of the month next follo ,ving the retirement date, and continuing at
monthly interval, for a period of one hundred nineteen (119) adtlitional months and fo r
the retired member's lifetim e thereafter. The last benefit payment shall be made on
the first day of the month of the retired memoer'e death, unleBS paymer.u, have been
made for fewer than one hundred t .. enty (120) months, in which event payments ahall
be continued to the named beneficiary, ceaeing when an aggregate of one hundred
twenty (120) monthly payments have been made to the retired ir.ember and his/her
beneficiary. If the retired member is married at the time benefits are to commenco, the
spousal consent requirements of Subsection U-M 3.4.5.2 hereof must be met before
payment.a under this Section commence .
In t!ie event that no beneficiary is living at the death of such retired member, the
actuarial equivalent value of the monthJy installments for the balance of the term
certain will be computed and paid in one awn to the estate 0£ the retired member. If
at the death of the last s urviving beneficiary following the death of the retired
member. monthly installments have not yet been paid fo1 the term certai,i, the
actuarir I equivalent value of the installments for the balance of the term certain will
be computed and paid in one sum to the estate of the last surviving beneficiary.
As provided by Subsection-3-6-¼&-l! 3•4•16-2 hereof, retirement benefits may be
suspended for a retired member during a period of employment subsequent to his/her
actual retirement date during which he/she is rehired and receiving compensation as
an employee of the City . Monthly payment.. shall commence and be determined
pursuant to such Subsection U--¼H 3·4• 16·2 hereof.
3+-'1-& 3-4-7-6 : ACCRUED CREDITS AND VESTED BENEFlTS Ur-"T1ER
THE PREVIOUS PLAN PRESERVED:
The restatement of the previous plan by this plan shall not operate to exclude ,
diminish, limit or restrict the payment or continuation of payment of benefits accrued
as of December 31 , 1998. The amount of such previous plan benefits, if any, in the
course of payment by the trustee under said previous plan, to any perEion on
December 31, 1998, shall be continued by the trustee under the truot agreement
forming a part of th plan, in the same manner, undiminished, preserved, and fully
vested under this plan.
The eligibility for , and amount of, any benefit of any kind. payable commencing after
December 31 , 1986 under thia plan to or for any peraon who was a member of the
previous plan and who became a member of thia restated plan as of January I ,
1987, shall be determined under the provisions of this plan.
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INCREASED BENEFITS FOR RETIRED MEMBERS AND
BENEFICIARIES:
Effective July I, 1993 , all members and beneficiaries whose paymenta commenced
before January I, 1993, shall receive a five percent (5%) increase in their peneion
payments subject t,, future ndjl!!!tment as determined oy the Board .
Effective January I , 1996, all members and beneficiaries whose paymente
commenced before July I , 1995 , shall receive a three per::ent (3%) increase in their
pension payment.a subject to future adjuYtmeni. :"1 8 determined by the Board .
Effective January I , 2000, all members and beneficiaries whose paymeuta commenced
befoze January 1, 1999, shall receive a three percent (3%) increase in their pension
payments subject t,, future adjustment as determined by the board.
~ 3-4-1-0-8 : DEFERRED RETIREMENT OPTION PLAN (DROi'j :
A. Effective date. Notwithstanding Subsection~ 3-4-2-2(L), hereof, the
provieions contained in this Subsection~ 3-4 -7-8, hereofahall be
effective on Oct,,ber I , 1999.
B. Title. The program provided in this Subsection~ 3-4-7 -8, hereof, may be
referred t,, as the "drop ."
C. Applicability. The provisione of this Section are applicable with respect to
thoee otherwise eligible members of the plan whose election t,, participate in
the drop occurs on or after the effective date contained in this Subsection
~ 3-4-7-8(A), hereof. An "eligible member" is any member who baa
attained the normal retirement date m accordance with Subsection
3-6-ll-ifl') 3-4-2-2('1'), hereof or the special early retirement date \n accordance
with Subsection~ 3-4-6-2B . A "participating drop member" is any
eligible member who has electd to 11articipate in the drop as provided by this
Subsection ~ 3-4-7-8 , hereof.
D . Purpose. The purpose of the drop is to allow an eligible member to elect, in
lieu of immediate terminetion of employment and receipt of retirement benefit
or pension, to continue employment for a specified period of time and to have
the eligible member's retirement benefit or penaion paid into the drop account
until the end of such specified period of the participating drop member's
participation , at which time employment is to cease. An eligible member must
choose the retirement benefit provided in Subaection,'!-6-H 3-4-7-1 , hereof, or
one of the retirement options provided in ~::-:ti.o n -3,,6-8, 3•4 •8, hereof, at the
same time the eligible member elects to participate in the drop.
E. Participation. An eligible member may participate in the drop only once .
An eligible member who has reached normal ret.i.J.·~ment age must elect to
participate in the drop within ninety (90) days after the later of attainment of
normal retirement age or the effective date of the drop .
An eligible member may elect t,, participate in the drop upon filing of written
notification with the retirement board not leas than sixty (60) nor more than
ninety (90) daya prior to the date of intended participation.
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F. Term. The du.ration 01' a participating drop member's participation in the drop
■hall not exceed a total of three (3) years . As a condition precedent to
participation in the drop, th participating drop member ■hall execute an
irrevocab!e agreement wit~ the city in the form preocribed by the retirement
board, which shall, amont other items, clearly and unequivocally atate that
the participating drop member must retire no later than the date prescribed in
the agreement which may not exceed the third anniversary of the participating
drop member's participation in the drop , and the participating drop member
shall alao acknowledge that no dieburaement of any drop funds can occur
absent the retirement or death of the participating drop member.
G, Interruption of Participation . If the participating drop member's participation
in the drop is interrupted by milittll")I service, there shall be no interruption of
membership in the drop. such a pa:ticipating drop member's pension shall
continue to be paid into the participating drop member' drop account while in
the military service for the balance of the three-year maximum term elected by
the drop member under Subsection F.
H. Effect on Participation in the Plan. Upon commencement of the eligible
member's participation in the drop , a member's credited service , final average
monthly compenaation and accrued benefit shall be frozen . A participating
drop member shall not share in any subsequent formula improvementa.
however, a participating drop member shall share in any ad hoc increase
granted to retireJ members.
I. Contribution. Upon commencement of the eligible member's participation in
the drop , the retirement l,mefit or pension provided in Section ,a+;: 3.4.7 and
Section il-6-& 3-4-8 hen:of, ,hall be paid into the participating drop member's
drop account. In no case sh1JI the city contribution, provided for in Subsection
3-6+-i 3.4.5.2 hereof, be wed to fund the drop. Accordingly , amounta
transferred or paid to a participating member's drop account shall not
constitute annual additior~ under Code Section 415 .
J . Administration of Drop Aase ~. Participating drop members may direct their
drop money to any of the invest~l'!nt options approved by the board for the
drop. There shall be no guaranteed 1u~ ot i.uvesi;nent return on drop
deposita . Any loeoes , charges or expenses incurred by the participating drop
mr,mber in such member's drop account by virtue of the investment options
selected by the participating drop member, shall not be made up by the City or
the Plan, but all of same shall be borne by the participating drop member.
Transfers between investment options shall be in accordance with the rules
and regulations of the drop . A drop account shall be established for each
participating drop member. Such drop aa:ount shall be adjusted, 110 less
fr equently than annually for contributions , distributions and net investment
earnings and loues.
K . Regulations . The Retirement Board is authorized to adopt rules and
regulations governing the drop.
L. Fees . If the drop acc,unt shall be subject to any fees or charges of any kind,
such fees or charges &'1all be charged to the participating drop member's
account .
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M. Form of Payment. For purpooes of t.lia SubHCtion U4& 3-4-7-8 benof, a
"re1.iree· ii a participatins drop member who term.inatea employment or
reacbea the three-year lir~it for participation in the drop. a retiree muat choooe
one of tb, following for1r .a of payment from the individual'• drop aCCOW1t:
I. Deferred Payment. Diltribution from a drop account may be deferred
until a date designated by the retiree . When deaisnatins the date upon
which distributions ahall commenc.,, the retiree muat alao desiJnate the
form of payment from one of the available options. Resardleaa of the
date choeen by the retiree, all diatributions must commence no later than
the year in which the retiree attains the age of 70 1/2;
2. Lump Sum. A one-time distribution of the retiree's entire account
balance, including a direct rollover under Subsection~
3-4-17-3;
3. Periodic Payments Designating an Amount. Distribution of the retiree'•
account balance by monthly paym•nts in an amount designated by the
retiree, until the entire balance of the account ia distributed;
4. Periodic Payments for a Deaignat.ed Period of Time. Monthly payments
to the retiree for a ~eriod deaignalA!d by the retiree. The payment will be
calculalA!d such that upon the occurrence of the last monthly payment,
the entire balance of the account will be diatributed;
5 . Initial Minimum Required Diltributinn. Account balance ii distributed
ae periodic payments that are calculated based on the retiree's life
expectancy (and the life expectancy of the retiree's designated beneficiary,
i£ applicable}; or
6 . Combination of Lump Sum and Periodic Payments. An initial lump aum
payment of an amount designalA!d by the retiree, followed by a
designation of a number of subsequent monthly payments or an amount
payable on a monthly basis.
Regardleaa of the form of payment the retiree chooees, the minimum
distribution amount will be determined and made in accordance with
Code Section 401 (a) (9), and the regulations thereunder, including
minimum distribution incidental death benefit requirement of proposed
Internal Revenue Code Regulation Section 1.401 (a} (9)-2, (published in
the Federal Register on July 27, 1987). The minimum distribution is
recalculalA!d annually on the baaia of the life expectancy of the retiree and
the retiree's desil,J18ted beneficiary, i£ applicable . If elected in writins
before the required beginning date un-!er Code Section 401 (a) (9), by the
retiree, and/or the retiree's spouse, if ,pplicable, the life expectancy of the
retiree and/or the retiree's spouse shall be recalculated annually.
If the retiree makes no selection aa to form of payment within thirty (30)
days of termination of employment or expiration of the three•year limit
for participation in the drop, a lump sum payment shall be made .
N. Participating Drop ~!ember's Death: Spousal Beneficiary. If the participatins
drop member dies during the period of the participating drop member's
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participation in the drop and the participatin( drop member'• dellignated
beneficiary ia the participotin& drop member'• surviving spoUH to whom the
~articipatin( drop piember was legally married at the time of the pA\'ticipatin(
drop member'• death, the participating drop member'• deaicnated beneficiary
ahall receive, at the beneficiary'• optio.,, a lump sum payment from the
deceaaed participatin& drop member's individual drop account balance or equal
monthly inatallment payments from the deceaaed participating drop member's
individual drop account over o period not to exceed the apo118e 'a life or life
expectancy . ifno selection ia made by the deaignated beneficiary within sixty
(60) days of de ath of the participating drop member, a lump sum payment
shall be made.
0 . Participating Dr op Memb er's Death; Non-spo111al Beneficiary . A married
participating drop member may designate someone other than hie spouse to be
a primary beneficiary, provided spo111al consent aa prescribed in Subaection ~
6-a.4 3-4-8-7, hereof, ia obtained. if the participating drop member diea
during the period of the participating drop member'a participation in the drop,
and the participating drop member'a deaignated beneficiary ia someone other
than the participating drop member's surviving &po118e to whom the
participating drop member was legally married at the time of the participating
drop member's death, the designated beneficiary shall receive a lump aum
payment equal to the deceaaed participating drop member'a individual drop
account balance.
P . Participating Drop Member'• Death; No Deaignated Beneficiary. If the
participating drop member dies during the period of the participatin( drop
member'• participation in the drop, and the deaignated beneficiary haa not
aurvived the participating drop member, the participating drop member's
estate ahall receive a lump sum payment equal to the deceased participating
drop member's individ118l drop account balance.
Q. No Impact of Drop Participation on Other Death and Diaability Benefits. Drop
participation ahall not affect nny other death or disability benefit provided to a
member under federal law, state law , city ordinance , or any rights or benefits
under any applicable collective bargaining agreement.
R. Retroactivity (Back-Drop). For purpoaes of this Subaection ~)
3-4-7-S(R), "retroactive participation date" meana January I , 1999, or such
later date aa wollld have been on or after an eligible member'a retirement
date, but prior to the effective date of the drop, and which was selected by the
eligible member to commence participation in the drop .
Notwithatanding Subaection 3-6+!!(,\-) 3-4-7-S(A), hereof an eligible member
who wollld have q11Blified for the drop on hia retroactive participation date,
had the drop been in effect on that date, may elect to have hia individual drop
account credited with a one-time lump sum payment . Such one -titi:i e lump sum
payment shall equal the aum of the number of pcnaion payments which wollld
have been payable prior to the effective date of the drop , had they commenced
on the member's retroactive participation date, a-edited with interest using the
actuarial interest rate aasumption provi ded in Subsection ~
3-4 -2-2(C), hereof.
Such lump sum payment shall be made as aoon as administra tively feasible
a!t,.r the effective date of the drop . If a participating drop me mber elects to
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have the one-tirue lump 1u01 payment deposited into bia drop account, the
three -year period specified in Subaection~ 3-4-7-8F, hettaf, will beain
to run, not on the date of such ele ction, but on the participating drop member'•
retroactive participation date.
S . Fiduciary Liability: The drop is intended to follow Section 404 (c), of the
Employee Retil-ement Income Security Act of 1974 and the applicable
Department of Labor Regulations. Fiduciaries of the Plan may be reliaved of
liability for any losses which are the direct and necessary result of innatment
instructions given by a participant.
~ 3-4-8: OPTIONAL FORMS OF BENEFITS :
3-6-&-l 3-4-6-1: GENERAL :
Subject to such uniform rules and regulations •s the retirement board may preacribe
and the restrictions contained in tbia Sectionll-6-3 3-4-8 hereof, a member or vested
member may, in lieu of the baaic retirement be,efits provided in Sectionll-64 3-4-7
hereof, elect one of the following forms of retirement benefits which shall be the
actuarial equivaleo'; of the benefit to which be would otherwise be entitled. The
member or vested .nember muat take any election of an optional benefit in writing,
and aucb election must be filed with the retirement board at leBBt thirty (30) days
prior to the due date of the first payment of retirement benefits under the plan. The
election of an option may be changed at any time prior to thirty (30) days preceding
the due date of the lint payment of retirement benefits under the plan. How ever, an
optional form of payment may not be elected unless the value of the payments
expected to be paid to the member exceeds fifty percent (50%) of the va lue of the
total benefita to be paid under ouch optional form .
3-6-8-a ~2: QUALIFIED JOINT AND SURVIVOR BENEFIT OPTION:
The Qualified Joint and Survivor Benefit option provides an adjusted monthly
Retirement Benefit payment during the Retired Member's life; and the spouse (to
whom the Member waa married when bia Retirement Benefit commenced), if
surviving at the Membere death, aball receive thereafter for life a monthly
Retirement Benefit of fifty percent (50%) of the adjusted monthly amount pai<. to the
Member.
Within a reasonable time before the Member's Retirem•nt Benefit co mmencement
date hereunder, the Retirement Boan! shall provide to the Member a written
explanation of the terms and conditiona of the Qualified Joint and Fifty Percent
(50%) Survivor Benefit aet forth herein and the effect of refusing it. If on or after
January 1, 1987, the Employee wiahea to elect a form of payment other than the
Qualified Joint and Survivor Benefit (described in this Section), such election will not
become effective unleY bis apouae (if he has a spouse who can be located) consents
in writing to such election. acknowledge s the effe ct of such election and ha■ such
consent and acknowledgment witnessed by a Plan re presentativ e or a notary public .
A properly completed benefit election form (furnjshed by the Retirement Board) muat
be returned to the Retirement Boan! within ninety (90) day s prior to the Member's
benefit commencement date . If the Member £ilea another election form after the
,;.u Llel" form and prior to his benefit comm encem ent da te , the earlier Corm ahall be
annulled .
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3-4-8-& M-8-3: ONE HUNDRED PERCENT JOINT AND SUllVIVOll
BENEFIT OPTION:
The one hundred percent (100%) Joint and Survivor Benefit option provide• adjuated
monthly Retirement Benefit paymento during the Retired Member'• life, and upon
hie death alt,r retirement, continue paymento in the oame amo,·nt to a daaigMted
Beneficiary during the life of such Beneficiary.
8-8-M S+ll-4: FIFTY PERCENT JOINT AND SUR .. IVOR BENEFIT
OPTION:
The fifty percent (50%) Joint and Survivor Benefit option provides reduced monthly
Retirement Benefit paymento during the Retired Member's life, and, upon his death
after retirement, continues payment in an amount equal to one-half (1/2) of the
amount of such reduced paymento to a designated Beneficiary during the life of such
Beneficiary. Payment shall be continued to the designated Beneficiary for life.
3-&-U 3-4-8-6: FIVE YEAR CERTAIN AND LIFE BENEFIT OPTION:
The five (5) Year Certain and Life Benefit option provides adjusted monthly
Retirement Benefit paymento during the Retired Member's life, 11nd upon his death
after retirement within the sixty (60) month pericx!, paymento shall be continued to
the designated Beneficiary for the balance of the sixty (60) month period.
~ 3-4-8-6: LIFETIME BENEFIT OP'l'ION:
The Lifetime Benefit option provides increased monthly Retirement Benefit
pa.)'Dlento during the Retired Member's life with no continuations of payment after
his death.
~ 3-4-8-7: BENEFICIARY:
The Member er Vested Member must designate his Beneficiary in writing. If on qr
after January I , 1987, a married Member or Vested Member wiaheo to designate
someone other than his spouse to be a primlll')' Beneficiary (or wishes to continue,
after January I, 1987, such a designation made prior to January 1, 1987), such
designation will not become (or continue to be) effective unleaa his spouse (if his
spouse can be located) conaento in writing to such des:gnaticn (or form ofbenefito)
which may net be changed without spousal conaent (or the consent of the spow.e
expreaaly permits designations by the Member or Vested Member without any
requirement of further conaent by the opouae), acknowledges the effect of such
designation and has such consent anJ acknowledgment witnessed by a Plan
representative or a notary public. Such designation shall be made in writing upon a
fo rm provided by the Retirement Board and shall Ix, filed with the Retirement
Board. The last such designation fi le d with the Retirement Board shall control.
3-&-11-& M-3-8: MINIMUM MONTHLY PAYMENTS :
if the monthly benefit to which any Men,l>er, Vested Member or Beneficiary shall
become entitled under the Plen 11hall be leaa than one hundred dollare ($100.00),
the Retirement Board shall have rhe right to direct that the Actuarial Equivalent of
such benefit shall be paid in a lun:;, sum or in inatallments at such intervals Bl will
result in each payment amounting to at least one hundred dollars ($100.00).
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Mo& S-4-9: DEATH BENEFITS:
~ 8-4-9-1 : DEATH OF AN ACTIVE MEMBER 1~TH FIVE (o) oa
MORE YEARS OF SERVICE:
If an active Member dies after completing five (5) or more years of "8rvice, 1 ~•
surviving spoW1e shall receive fifty percent (50%) of the Member'r, accrued benefit for
one hundred twenty (120) months certain and life thereafter. HOJwever , if the spoW18
is more than five (5) years younger than the Member, the monthly benefita will 1'"_
reduced by one and one-half percent (1.5%) for each year that their difference in age
exceeds five (5) years. If the Member is not survived by a spoWle , his de.•ignated
beneficiary shall receive fifty percent (50%) of the Member's monthly acrrued benell.t
for one hundred twenty (120) months certain. If the Member is not sU?'lived by a
designated Beneficiary, the one hundred twenty (120) monthly payments shall be
computed and pai~ in a single sum to the Member's estate. The payment to the
surviving spouse or designated Beneficiary will commence on the first day of the
month following the date of the Member's death, or if later, the date the Member
would have attained age fifty-five (55). If a Member's death occurs prior lo his
fifty -fifth (55th) birthday, the Retirement Board may elect, with the consent of the
Member's spoW18, designated Beneficiary or estate to pay the spoW18, Beneficiary or
estate a single sum payment at the time of the Member's death, equal to th•
Actuarial Equivalent of the payment due when the Member would have atteir.ed age
fifty-five (55).
~ S-4-9-2: DEATH OF A VESTED OR DISABLED MEMBER
PRIOR TO COMMENCEMENT OF PAYMENTS:
In the event a Vested Member er a disabled Member dies prior to the
commencement of payments from the Plan, the surviving spouse shall receive fifty
percent (50%) of the Member's Accrued Benefit for one hundred tw enty (120) months
certain and life thereafter. However, if the spouse is more than five (5) years younger
than the Member, the monthly benefit will be reduced by one and one -half percent
(1.5%) for each year that their difference in age exceeds five (5) years . If the Member
is not aurvived by a spouse, his designated Beneficiary shall r.ceive fifty percent
(50%) of the Member's monthly Accrued Benefit for one hundred twenty (120) months
certain. If the Member is not survived by a design•ted Beneficiary, the one hundred
twenty (120) monthly payments shall be computed and paid in a sin11le sum to the
Member's estate. The payment to the surviving spouse or designated Beneficiary will
commence on the firat day of the u•onth following the date of the Member's death, or
if later, the date the Member would have attained fifty -five (55). If a Member's death
occurs prior to his fifty -fifth (55th) birthday, the Retirement Board may elect, with
the consent of the Member's spouse, de signated Beneficiary or estate to pay the
spouse, Beneficiary or estate a single sum payment at the time ofthe Member's
death, equal to the Actuarial Equivalent of the payment due when the Member
would have attained age fifty .fiv e (55 ).
U-&-3-S-4-9-3 : DEATH OF AN ACTIVE MEMBER BE'lWEEli" NORMAL
AND DELAYED RETIREMENT DATES:
In the event a Member continues in City employment after his normal retirement
date and dies before actually retiring, then he shall be deemed to have retired on the
firat day of the calendar month in which he dies. If an optional form or payment has
been elected, the death benefit, if any, shall be determined by the option elected. If
no optional form of payment has been elected, the Member's monthly Accrued Benefit
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shall be paid to his eurviving spouee for one hundred twenty (120) n.onlba certain. I!
the Member is not survived by a spouse, hia designated Beneficiary sh.ill receive one
hundred percent (100"') of the Member's Accrued Benefit for one hundrecl twenty
(120) months certain. If the Member is not survived by a deeignated Beneficiary, the
one hw,'red twenty (120) monthly payments shall be computed and paid in a aingle
sum to the Member's estate. Death benefit payments shall commence on the first
day of the month following the Member's death.
3-6-M 3+11-4: DEATH OF A RETIRED MEMBER OR BENEFICIARY:
In the event a Retired Member or Beneficiary dies while receiving Retirement Benafit
payments, the death benefit, if any, will be determined by the form of Retirement
Benefit being paid. In the event that no deaignated Beneficiary is living at the death
of such Retired Member and term certain payments are due, the Actuarial
Equivalent value of the monthly installments for the balance of I he term certain will
be computed and paid in one sum to the estate of the Retired Member. I{ at the
death of the last surviving Beneficiary following the ~eath of the Retired Member,
monthly installments have not yet been paid for the full period of the term certain,
the Actuarial Equivalent value of the instal!ments for the balance of the term certain
will be computed and paid in one sum to the estate of the laat aurviving Beneficiary.
M-11-6 3+9-6: SUPPLEMENTAL DEATH BENEFIT FOR MEMBERS
HIRED PRIOR TO JANUARY 1, 1976:
In addition to the death benefit provided in Subsections 1, 2 and 3, of this Section 9,
liereeE, a lump sum supplemental benefit ahall be payable to the designated
Beneficiary of any active M, ober, Vested Member or disabled Member who dies
prior to the commencement of retirement benefit pa yments from the Plan. The
s upplemental death benefit eh:ill be equal to the amount of accumulated
contributions as of hia date of death plus two percent (2%) of the compensation
received by him subsequent to December 31 , 1975 and prior to Janwuy 1, 1983. If
such Member is not survived by a designated Beneficiary, the lump sum payment
shall be made to his estate.
3-6-9-& 3-4--S~: UNIFORM SJMl'LTANEOUS DEATH ACT:
The provisions of any State law providing for the distribution of estates under t l,e
Uniform Simultaneoua Death Act, when applicable, shall govern the clistribution of
death benefits payable unJer thia Plan.
3-6-4& 3--4-10: SEVERANCE BENEFITS:
~ 3--4-10-1: COVERAGE:
Benefits shall be paid to a Member under this Section 3-6-10 hereof if his
employment t...•rminates for re11.sons other than retiremtnt. Disability or death .
~ 3--4-10-2: LESS THAN FIVE YEARS OF rREDITED SERVICE:
Should a member'a employment with the C.ity t.erminate for reaeons other than
retirement, Disability or death prior to hls Normal Retirement Date and prior to hia
completion of five (5) years of Credited Service, the only benefit to which he ahall be
entitled under thia Plan shall be :
A. The amount of hia Accumulated Contributions, if any, plua
B. Two percent (2%) of the Compe11111tion received by t he Member subaoq,-nt to
December 31 , 1975 and prior to January 1, 1983.
3-6-¼e-& 3+10-3: FIVE OR MORE YEARS OF CREDITED SEllVICE:
Should a Member'• employm,•nt with the City terminate for rea10ns other than
retirement, Disability or death prior to his Norm•! Retirement Date with five (5) or
more years of Credited Service, he may elect either:
A. To le ave hia Accumulated Contributions on depoait in the Retirement Fund
and become a Vested Member ; or
B. To receive, in lieu of all other benefita, a refund of hia Accumulated
Contributior.• plus two percent (2%) of the Compensation received by him
subeequent to Deoember 31, 1975 and prior to January 1, 1983.
If such a Member fails to elect either of the above within ninety (90) day■ after
hia date of termination from the Plan, then he shall be deemed to h ave elected
to leeve hia Accumulated Contributions on depoait and become a VeiJt<,d
Member. A Veated Meruber shall be entitled to a defem,d retirair.ei,t Benefit
which shall be one hundred reroent (100%) of his Accrued Benefit on the date
of his termination of membership in the Plan. Such deferred Retirement
Benefit shall commence on the first day of the next month following the Veoted
Member's Normal Re tirement Date.
In lieu of raoeiving the deferred Retirement &nefit upon his Normal
P.etirement Date, •.he Vested Member may elect to reoeive a reduoed
Retirement Benefit beginning upon the first of any month subeequent to hia
a ttainment of age fifty-five (55). The reduction shall be one-fourth of one
perce nt (.25%) for each month (three percent [:i%] per yaar) by which payments
co mmence prior to the first of the month following hia Normal Retirement Date.
A Vested Member may elect at any time prior to his Normal Retirement Date
to receive, in lieu of all other benefite under the Plan and provided benefit
payments have not yet commenced, a refund of hia Accumulated Contributions,
if any, as of the date of the refund plus two percent (2%) of hia Compenaation
re ceived subsequent to Dece mber 3 1, 1975 and prior to January 1, 1983.
3-6-¼¼ 3-4 -11 : ADMINISTRATION OF THE PLAN:
~ 3-4-11-1 : RETIREMENT BOARD:
There is hereby creatod a board to be known a• the "Retirement Board of the City of
Englewooo," which shall be comp ose d of seven (7) member s . One (11 o,cm be r ahall
be a n elect,,d member of the City Co uncil who shall be r,lected by a majority of the
members of Ci ty Council . One (1) membe: s hall be the 1,u-ector of F ina ncial Servicea
appointed by the City Manager. 'l'wo (2) members •hall be employee, of the City who
are Members of t he Plan, who shall be ,elected by • vote of all such Members "'
accordance w1th auch P"""'d111-ea aa the City Manager may adopi, from time to (.au ..
Three (2) members shall ,.., taxpaying electors of the City who shall be eelectad b•· a
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• majority of the members of the City Council . In addition, the City Mana11er, or hia
deaignee , ■hall serve in an advisory capacity, as an ex official , nonvoting member .
Membera of the Retilement Board shall be a ppoir.ted for four (4) year terms,
provided the said member continue■ to posae .. the qualifications provided herein
during the member's term and, further provided that:
A. The Counctl ml!mber shall sene during hia term of office as a Council znember;
and
B. The Director of Financial Services shall serve during his tenure in oftke ao 1ucb
Director.
Should a va cancy occur in the me mbers hip of the Retireme nt Board, the same
shall be filled for the duration of the unexpired term only, in the same manner
as provided herein. Prior to en te ring upon the performance of th e duties of a
member of the Retirement Boa rd, each member thereof aball take and
subacribe an oath tha t he a ccepts the obliga tions imposed upon him by the
provisions of thia Plan and that be shall faithfully perform the dutiet of such
offu:e.
Five (5) me mbers of the R,,ti :ement Board shall constitute a quorum. All
actions taken by the Bond shall bo 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 "ith the provisions of the Plan. shall be binding and
conclusive upon all in +.erested parties.
No member of the Bo, .rd shat receive comp ensation for his service on the
Board but a member .nay be reimbursed for reasonable expenoes incurred in
co nnection with his duties as a member of the Board.
3-41-H-a 3-4-11-2: MANAGEMENT OF THE PLAN:
In addW~n to the powers and obligations imposed upon the Board as Trustee
purauai.. t.o Subsec~ion~ 3-4-12-1 hereof, the Retirement Board shall have
all powers necessary to e ffect the management and administration of the Plan in
accordance with its termJ , including, but not limited to , the following :
A. To •stablish rules and regulations for the administration of the Plan, for
managing and diacharging the dutie s of the Board. for the Board's own
government ar.id procedure in so doing, and for the preservation and the
protection of the Fund.
B. To interpret the provisions of the Plan and to determine any and all queatione
arisinc under the Plan or in connection with the administration thereof. A
record of such action and all ~~},er met•~~"' properly coming before the Board
shall be kept and preserved.
C. To determins all matters affecting the eligibility of any Employe, to be or
become a Member of the Plan.
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D. To determine the amount of the Member'• contrib1>tiom to be withheld by the
City in accordance with the Plan and to maintain ouch record, of Accumali,ted
Contributions aa are neceasary under uid Plan.
E. To determine the Credited Service of any Member and to compute the amount
of Retirement Benefit, or other sum, payable under the Plan to any pen,on.
F . To a uthorize and direct all di■buraements of Retirement Benefits and other
aums under the Plan.
G. To employ auch co unsel and age nts and to obtain ouch clerical, medical, legal
and actuarial services as it may de em necessary or appropriate in carrying out
the proviaions of the Plan.
H. With the advice of its actuary to adopt, from time to time for purpooe■ of the
Plan, such mortelity and other tables as it may deem necessary or appropriate
for the operation of the Plan.
I. To make or arrange for valuations and appraisals of f'und assets held under
the Plan, and, with the advice of the actua ry, to determine the liabilities of the
Plan.
J . To hold aaaets of the Plan in a special account entitled "Retirement t Ian
Fund," and inveat and reinvest the same and to make ouch withdrawals
therefrom 88 are authorized by the Plan for the payment of Retirement
Benefits and the expenaee of the Br,,ud and the member■ thereof.
K. To create reserves from such assets for any purpose .
L. To maintain such records ond accounts and to render auch financial
statements and reporte as may be required by the City Council.
M. Ta authorize one or more members of the Retirement Board to sign all legal
doc1U.~ents and reporte on behalf of the Retirement Board .
N. To perform such othes duties as may be required of a Plan Adminietrator
under the applicable lawe and regulatione.
M-H-3-3-4-1-3: MISCELLANEOUS:
All proper expenee incurred by the Retirement Board in the adminietration of the
Plan, if not paid by the City, shall be paid from the Fund when authorized by the
Retirement Board.
The Retirement Board shall have no power to add to , subtract from or modify any of
the terms of the Plan, nor to cha nge or add to any benefits provided by the Plan, nor
to waive or fail to apply any requirements of eligibility for Retirement Benefits under
the Plan.
A member of the Retirement Board ehall not vot.. 0 ~ BLY m•tter relating ■olely to
himeelf or to his rights or benefits under the Plan. If a Bo•n , mewl.er ia 10
diequalified to act and the remaining membere cannot agree , the City Council ■hall
appc,int a temporary substitute member to exercise all the powers of the disqualified
member concerning the matter in whici, he ia disqualified.
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The decision of the r_., L"'U1ent Board und any action taken by it in respect to the
management of the f'!&:, ,hall be conclusive and binding upon any and all
employees, office r., f '"•" •mployees and officers, Members, Retired Members,
Vested Members , then : ,neficiaries, heira, diatributees, executors, administrators
and aNigna and uron a•. ·ther persons whomsoever, but the Board at all times
shall act in a uniform ar:d nondiscriminatory manner. Neither the establishment of
this Plan nor any mod if. --ut:i ons there of or any action taken thereunder or ~my
omission to act, by the Rl"\L : ~. the City Council or any of their members ahai! be
construed as (living to any :.!ember or other person any legal or equitable ri&ht
against the City or any officer or em ployee thereof or againat thr Retirement Board,
the City Council , or any of their members.
~ 3-4-12: RETIREMENT PLAN TRUST FUND :
~ 3-4-11-1: APPOINTMENT OF TRUSTEE:
The Retirement Board of the City, and its members, ere hereby appointed and
constituted Trustee of the Retirement Plan Fund and ahall hold, manage and control
the same in accordance with the provisions herein contained.
3-&-lM 3-4-12-2: THE TRUST FUND:
All City and Employee contributions and all investments thereof, together with all
accumulations, accruals , earnings and income with respect thereto , shall be held by
the Trustee in trust hereunder aa the Truet Fund for uae in providing tho benefita
under the Plan. No part of the said corpus or income shall be used for or diverted to
purposes other than the exclusive benefit of the Membera, Retired Members, Vested
Members, their Beneficiaries or estates under the Plan, prior to the satisfaction of all
liabilities hereunder with respect to them, except ouch funds which, upon
termination of the Plan, are in excess of the amount required to fully fund the Plan
and are due aolely to erroneous actuarial assumptions. No person shall have any
intereat in or right to any part of the aBSets of the Fund except as and to the extent
expressly p:ovided in the Plan.
--S-4-12-3: PURPOSES AND AUTHORITY OF THE TRUSTEE:
It is the purpose and intent of the City in constituting and appointini the
Retirement Board as Trustee of the Trust Fund to give the Retirement Board full
power to establish such inveatment or purchasing programs as the Retirement Board
may deem necessary or appropriate to provide assurance that there shall be an
adequate source for the payment of all benefits provided herein. The Trustee,
however , ab.1U not be responsible for the collection of any City or Employee
contributions. In serving as Trustee , the Retirement Board may determine to :
A. Use the Truat Fund for the purchase of one or more group ·1nnuity, or other,
insurance policies from one or more Insurance Companies authorized to do
buaineSB within the State of Colorado, whereby said Inaurance Company
agrees to pay all or a portion of the benefits herein provided for: or
B. Contract with a commercial ba nk, chartered under either the statutes of the
State of Colorado or the Unite d States of America and doing buaineaa within
this State, with a trust comp,,-.,· organized pursuant to the atatutea of the
State oi Colorado and doing b1 1,,tn ••• ,vitbin tlua State, or with a member of
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the New York Stock exchange or the American Stock Excbanp, dOUlf buaineu
within this State, to have any of such partiea invest fund1 on behalf of the
Trultee; or 11
•
C. Directly invest the assets of the Trust Fund; or
D. Establish an investment program, partly funded by insurance and partly
funded by investments; or
E. Retain on a discretionary basis an investment advisor licensed a■ such under
the United States Investment Advioor'e Act of 1940, which investment adviaor
is also an investment counsel aa defined in said Act .
--8-4-12-4: INVESTMENTS:
In serving as Trustee, the Retirement Board shall be authorized and empowered, in
its sole discretion, to invest and reinvest the Trust Fund as follow■:
A. Assets of the retirement fund (other than assets of the drop accounte) shall be
invested in accordance with Colorado Revised Statutes Section 15-1.1.-102,
under the Uniform Prudent Investor Act.
B. Aeaets of the drop a,,::ounts shall be invested in accordance with Col~tado
Revised Statutes Section 24-54-112 (3) (c).
3-4-1-U S-4-12-6: TRUSTEE'S POWERS:
Subject to the provisions of Suboectiona-3-6-Hl-3 3-4-12-3 and~ 3-4-12-4,
hereof, in ita investment and administration of the Trust Fund, the Trustee is
authorized and empowered with respect to any securities or other property held in the
Trust Fund:
A. To sell, exchange, convey, transfer, lease for any period, pledge, mortgage,
grant options , contract with respect to or otherwise encumber or dispose
thereof, at public or private aale, for cash or uppn credit or partly for both, and
no pereon dealing with the Truatee shall be bound to eee to the application of
the purchase money or to inquire into the validity, expediency or propriety of
any such sale or other disposition.
B. To sue, defend, compromise, arbitrate, compound and settle any debt,
obligation or claim due it as Trustee or any other suit or legal proceeding
involving the Trust, and to redue,, the rate of interest on, to extend or
otherwise modify, or to foreclose upon default or otherwise enforce any such
debt, obligation or claim.
C. To give general or specific proxies or powers of attorr,ey with or without powf.:-
of substitution.
D. To vote in person or by proxy on any stocko, bonds or other securitie1 for the
convereion thereof into other atock.a , bonda or securities , or to depoait them in
any voting trust or with any protective or like committee or with a truatee or
depooitories designated thereby, or to exercise any rights to subscribe for
additional 1tocb, bonds or other oecuritie1 and to make any and all neceuary
paymente therefor, and to join and participate in or to dissent from and oppose
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any reorganization, recapitalization, consolidation, 1,qui~•,tion, sale or merser
of corporations or propertie1 in which it may be intc:-ested a1 Trustee, upon
such terms and condition& aa it may deem wise.
E. To register any securitiee or other property in its own name or in the name of
ite nominee, with or without the addition of worda indin tinc that such
securities are held in a fiduciary ca pacity, or to hold any securities in boarer
form, but the books and recorda of the Trustee shall at all times show that all
such investments are part of the Trust Fund .
F. To retain, maDBge, operate, repair, improve, partition, dedicate or otherwise
deal with any real estate held by it.
G. To retain uninvestel. such cash as it may deem neceasary, without obligation
to pay interest thereon.
H. In general. to exercise all powen in the management of the Trust Fund which
any individual could exercise in the management of property owned in his own
right.
Neceooary parties to any accountini, litigation, or other proceedings shall
include oDly the Tru:tee and the City Council, and the settlement or julii!Dent
in any ouch case in which the City is duly served or cited shall be bindini upon
all Members, Retired Members, Vested Members, or Beneficiaries under the
Plan, and upon all persona claiminr by, through or under them.
3+¼M 3-4-lU: ADMINISTRATION OF THE TRUST FUND :
The Trustee shall pay or distribute all Plan benefit& from the Trust Fund in ouch
form , in such amount.a , at such times and to such payees Bl may be authorized by
the Retirement Board.
The Trustee may employ suitable agents and counsel. The expenoeo incurred by the
Trustee in the performance of ita duties hereunder and all proper charges and
disbursements of the Trustee, including all taxea lawfully assessed upon or in
respect of the Tn!Bt Fwid or ita income, shall be charged and paid by the Trustee
from the 1/und. No member of the R.,tirement Board , 88 Trustee, shall receive
compensation for iris services 88 such but shall be entitled to be reimbursed for any
expenses incurred by him on behalf of the Trust Fund to the extent that ouch
expenses are not paid by the City .
The Trustee shall keep detailed, accurate accounts of all investment&, receipt& and
disburoementa and other transactions hereunder. All accounts, booka and recorda
relating thereto shall be open to inspection by any person designated by the City at
all reasonable times . The Trustee shall maintain such records, make such
computations and perform such ministerial acta as the City from time to time may
request. On or before August I and February I of each year, the Trustee shall file a
report with the City in such form 88 the City may request . This report shall show all
purchases , sales, receipts, disbursements and other transactions effected by the
Trustee durini the six (6) month period for which the report is filed . It shall contain
an exact description , the cost value as shown on the Trustee's books and the market
value ae of the end of ouch period of every item then held in the Trust Fund. The
Trustee shall be forever relieved from all liability to the City, the Fund, and any
Member or Beneficiary with respect to the propriety of any of its acta or tranaactions
-3S-
■hown in ouch report unleBB within ninety (90) daya after the receipt of auch ~port,
the City givoa the Trustee written notice of ite objection or objections to any matter
aet forth therein .
The Trustee shall not be liable, either aa a body or individually, for the making,
retention , or sale of any investment or reinvestment made by it or originally received
by it aa herein provided nor for any expense or liability, hereunder, nor for any lou to
or diminution or th e Trust Fund unlesta due to or arising from its own gross
negligence , misconduct, diahoneaty or lack of good faith. The Trustee may consult
with counael and shall be fully protected in acting upon the advice of counsel. UnleBB
otherwise advised, the Trustee may assum e that the Plan at all times qualifies
under Internal Revenue Code Section 40l(a) and that the Trust hereby eatabliahed
is at all times tw<-exempt under Internal Revenue Code Section 50l(a), aa amended,
or a successor provisions. The Trustee shall have no res ponsibility for the accuracy of
any information furnished it by the City .
~ 3-4-12-7: REMOVAL OF TRUSTEE:
Nothing herein shall be construed ro prohibit the City Council from removing the
Retirement Board aa Trustee of tho Retireo•.ent Fund by appropriate amendment to
this agreement. Upon removal of the Trust, e, the City Council a hall appoint a
aucceaaor Trustee or Funding Agent. Upon lelivery by the removed Trustee to ite
aucceaaor of all property of the Fund, leas : uch rearonable amount as it shall deem
necessary to provide for it.a expenses, and , ny taxes or advances chargeable or
payable out of the Fund, the succeaaor Tru tee or Funding Agent a hall thereupon
have the powers and duties as are conferre I upon it by the Trust Agreement or
group annuity contract. No aucceaaor Trust "' or Funding Agent shall have any
obligation or liability with respect to th(? aci;:1 or omission of its predecessors .
3-&-½I S-4-13: RETIREMENT BENEFl1S AND RIGHTS INALIENABLE:
~ 3-4-18-1: INALIENABILITY:
Members , Retired Members, Vested Members and their Deneficiariea under the Plan
are hereby restrained from selling, tramferring, anticipating, aaaigning,
hypothecating, or otherwise diapoaing of their Retirement Benefit, prospective
Retirement Benefit, or any other rights or interest under the Plan, and any attempt
to anticip&te, assign, pledge, or otherwise dispose of the same shall be void. Said
Retirement Benefit, prospective Retirement Benefit and rights and intereata of aaid
Members , Retired Members, Ve•ted Members or Beneficiaries shall not at any time
be subject to the claims of creditors or others for liabilities or torts of aaid Members,
Retired Members, Vealed Members or Beneficiaries. nor be liable to attachment,
execution, or other legal process . Notwith•!anding the foregoing , the Retirement
Board may approve payment.
A. Asaignmenta for : Child Support purposes provided for in C orado Revised
Statutes Sections 14-10-118 (1) and 14-14-107, as they existed prior to July 1,
1996 .
B. Income aaaignmenta for Child Support provided for in Colorado Revised
Statutes Section 14-14-111.5 .
C. Writa of garnishment that are the result of a judgment taken for arrearage& for
Child Support or for Child Support debt, and
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D. Payments made in complianc• with a prol,l'!rly executed and certified court
order approving a written agreement dividing retirement benefits between a
member and an al\: ,iate payee f'dro"), entered into pursuant to Colorado
Revised Statutes 14-10-113 (6).
3-6-H-1 8-4-18-2: BANKRUPTCY:
If any Member, Retired Member, Vested Member or Beneficiary shall become
bankrupt or attempt to anticipate, aHign or pledge any benefite under the Plan.
then such benefits shall, in the discretion of the Retirement Board, cease, and in
that event the Retirement Board shall have authority to cause the same, or any part
•.hereo f, to be held or applied to or for the benefit of ouch Member, hls spouse, hls
chiHren, or other dependents, or any of them , in such manner and in such
propo1tions as the Retirement Board may deem proper.
~ 3-4-14: MODIFICATION OR TERMINATION OF PLAN:
3-u-1+-1-3J~14-l: EXPECTATION:
It is the expe.,tation of the City that it will continue thls Plan and the payment ofita
contributions hereunder indefinitely, but continuance of the Plan is not aasumed as
a contractual obligation of the City.
3-6-¼+-3 3+14-2: AMENDMENT:
The City r eserves the right to alter, amend, or terminate the Plan or any part thereof
in such manner as it may determine, and such alteration, amendment or
termination shall take effect upon notice thereof from the City to the Retirement
Board; provided that no such alteration or amendment shall provide that the
Retirement Benef\t payable to any Retired Member shall be leaa than that provided
by hls Accumulateri Contributions or ,Hect the right of any Member to receive a
refund of hls Accumulated Contributions and shall not directly or indi.-ectly reduce
any Member's Accrued Pension. And provided further, that no alteration or
termination of the Plan or any part thereof shall permit any part of the Fund to
revert to or be recoverable by the City or be ueed for or diverted to purposes other
than the exclusive benefit of Members, Retired Members, Vested Members or
Beneficiaries under the Plan, except such fonds , if any, as may remain at
termination of the Plan after satisfaction of ill liabilities with respect to Members,
Retired Members, Vested Mem~ers and Beneuciaries under the Plan and are due
aolely to erroneous actuarial assumptions. Further, no amendment shall cause the
elimination of an optional form of benefit nor the elimination or reduction of an early
Retirement Benefit that continues after retirement .
3-6-½+3 3-4-14-3 : APPROVAL UNDER THE INTERNAL REVENUE CODE:
The Plan is intended to comply with the requirements of the applicable provisions of
Internal Revenue Code Section 401(a}, as now in effect or hereafter amended, and any
modification or amendment of the Plan may be made retroactive , aa necessary or
appropriate , to establish and maintain such compliance.
-37-
3-&-¼++ U-lU: DISCONTINUANCE:
The City reserves the right at any time and for any reaaon satisfactory to it I\>
discontinue permanently all contributions under this Plan. Such ,llir,,ntinuance aball
be deemed to be a complete termination of the Pinn.
3-6-¼H 3-4-14-6 : TERMINATION:
In the event of a partial or complete termination of the Plan, the Accrued Benefits up
to the dare of termination b·· the affected Employees and their Beneficiaries shall be
nonforfeitable and all affect d funds shall be allocated to affected Members, Retired
Members, Veered Members and Beneficiaries on the following priority basis of:
A. An amount equal to the Accumulated Contributions, or balance thereof, which
would be payable to the Members, Retired Membera, Vested Members or
Beneficiaries should death occur on the date of the termination of the Plan.
B. An amount of the remaining assets equal to a pro rata portion determined on
the baais of the ratio that the actuarial reserve for his Accrued Benefit minus
the amount in A. above credited to him bears to the total cf such actuarial
reserves minus the aggregate of amounts allocated under A. above.
&-41-U-& 3-4-14.f: DISTRIBUTION:
When the assets of the Trust Fund have been allocated as indicated above, the
distribution may be made in the form of cash or nontransferable annuity contracta
as determined by the Retirement Board , provided that any affected funds remaining
after the satisfaction of all liabilities to affected Membera, Retired Membera, Vested
Members and Beneficiaries under the Plan may be withdrawn by the Retirement
Board from the Fund and refunded to the City.
~ 3-4-lS: RESERVED
M-16 3-4-18: LIMITATIONS:
~ 3-4-16-1: REEMPLOYMENT OF FORMER NONVESTED
MEMBERS:
If a Member's employment terminates prior to his becoming a Vested Memb,r and the
Member is subsequently reemployed as an Employee . such Member shall not b,
entitled to receive credit for his previous Credited Service under the Plan, except as
provided in Subsection~ 3.4.4.3 hereof.
3-6-¼6-1 3-4-16-2: REEMPLOYMENT OF FORMER MEMBERS:
If a former Member is reemployed as an Employee of the City, no Retirement Benefit
payments shall be made during the period of such reemployment. Upon the
subsequent vested termination of employment by such a Member, the Member shall
be entitled to receive a Retirement Benefit based on i) his Credited Service prior to the
dare of his previous rermination (except Credited Service lost after a five (5) year break
under Soosection~ 3.4 .4.3 hereof, and ii) his Credited Service during the period
of his reemployment, and iii) in the case of a disabled Member, his Credited Service
while disabled. In the case of reemployment, of a former Member who received, prior to
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his reemployment, any benefit payments (whether single sum or periodic) with reapect
to which Creclited Service is restored hereunder, the Retirement Benefit payable upon
bia 1ubae<Juent retirement ahall be reduced by the Actuarial Equivalent of au d1
payments, other than Disability Retirement Benefit payments, be received prior to his
Normal Retirement Date, unlesa auch payment was a single sum that waa repaid
under Subaectiou ~ 3.4.4.3 hereof.
8-3-lU S-4-16-3 : LIMITATION OF BENEFITS:
Effective January 1. 1987 , notwithstandi ng any other provision contained herein to
the contrary, the benefits payable to a Member from this Plan provided by City
contributions shall be subject to the lia.itatione oflntemal Revenue Code Section
415 in accordance with subsections A and B below :
A. Defined Benefit Plan Only. Any annual Pension payable to a Member
hereunder shall not exceed the le sser of:
1. Ninety thousand dollars ($90,000.00), adjuated for increases in the coat
ofliving, as prescribed by the Secntary of the Treasury or his delegate,
effective January 1 of each calendar year and applicable to the
Limitation Year ending with or within such calendar year , or, if greater ,
the amount of straight life , or qualified joint and survivor annuity
accrued by the Member as of December 31, 1982, OR
2. On e hundred percent (100%) of the Employee's average earning for the
three (3) consecutive calendar years, while a Member in the Plan, in
which his earnings were the highest. For purpo11<:s ofthia subsection,
earnings for any Limitation Year shall be the Member's earned income ,
wages, salaries, and fees for profesQ tnnal services, and other amounts
received for personal services actually rendered in the course of
employment with the City (inclucling, but not limited to, commiaaions
paid salespersons, compensation for services on the basis oi a percentage
of profits, commi ssions on insurance premiums, tip s and bonuses),
provided such amounts are actually paid or includible in gross income
during such Year. Earnings shall exclude the following:
a. City contributions to a plan of deferred compensation which are not
included in the Member's gross income for the taxable year in which
contributed or City contributions under a simplified employee
pension plan to the extent such contributions are deductible by the
Member, or any clistributions from a plan of deferred compensation;
and
b. Other amounts which received special tax benefits, or contributions
made by the City (whether or not under a salary reduction
agreement) towards the purchase of an annuity described in
lnternnl Revenue Code Section 403(b) (whether or not the amounts
are actually excludabl e from the gross income of the Member).
This Subsection 2, shall not be effenive for ye ars beginning on and
after January 1. 1995.
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3. Except ae provided in Subsection A5 below , which imposes additional
limitations on the amounta ~ayable to Memben with leu then ten (10)
years of ,ervice, the foregoing limitations shall not be applicable with
respect to any Member whose annual Pension under this Retiremant
System, and any other defined benefit plan maintained by the E·,nployer,
ie lee• •hon !en thousand dollars ($10,000.00), and such Membur hea
not at any t\me partici pated in any defined contribution plan (we.thin the
meaning of f er.thin 4!6(k) of the Code) maintained by the Elllp!oy, .
4. In the event ,h •ta MeL1ber :.os leas tha n ten (10) years of participation
in this Retirem ent System and predece ssor plane hereto, the dollar
limitation oth•rwise applicable under Subsection Al above shall be
reduce d by multipl};ng such limitation by a fr action . the numerator of
which u, the · ober of such Member's years of Plan participation (or
part the'<!ol, t never less than one (!), and the denominator of which
ia ten (!OJ 11~, paragraph shall, to the extent required by the Secretary
of tho 'l\·•a•.._y, be applied separately to each change in benefit structure
bere ullder .
5. In the event that a Member has been credited with lees than ten (10)
years of service , the percentage-of-averatire-eal'ninga limitation otherwile
applicable under Subsection A(2) a bove •nd the dollar amount otherwille
applicable under Subsec'lion N :;1 u: ;va ,,i.;! be reduced by multiplying
each by a fraction , the numert'tn! ,t wi~, I i•1 the number of such
Member's years of service (or y,ar, :.fict'P 1.11), but never le88 than one (1),
and the denominator of which lll •,.,. (10,.
6. The limitations of this Section apply to a straight life annuity with no
ancillary benefits and to an annuity that constitutes a qualified joint and
survivor annuity, provided payment begins between ages sixty-two (62)
and sixty-five (65). If payment commences before age sixty-two (62), the
foregoing limitations aha!! be reduced eo that they are Actuarially
Equivalent to such a benefit commencing at age sixty•two (62). Howe~~r.
i he reduction of this paragraph shall not reduce the limitation below
seventy-five thousand dollars ($76.000.00!, if payment commences after
age fifty-five (55), or below the Actuarial Equivalent of seventy-five
thousand dollars ($75,000.00) commencing at age fifty-five (55), if
payment commences before age fifty .five (55). If payment commences
after age sixty-five (65), the limitation shall be tne Actuarial Equivalent
of a ninety thousand dollars ($90,000.00) annual benefit commencing at
age sixty-five (65 ). The interest aeeumptio n for purposes of determining
Actuarial Equivalency under this paragraph shall be the interest rate
otherwise used for purposes of computing optional forms of income
payable under the Pl an, but the rate shall not be lees than five pe rcent
(5%) annually if benefits commence before age sixty-five (65) and shell
not exceed five percent (5%) annually if benefits commence after age
sixty-five (65).
7 . For limitation years be gi nning on and after January I , ld95, the
provisions of Subsections 4. 5 and 6, of this Subsection~)
3·4· 16 -3(A), shall not apply to disability retirement under Subsections~
6-G-4 3.4.5.4 and~ 3-4-7-3, or to death benefits under
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Subsections~ 3.4.9.1, 3-6-IHl 3.4.9.2, 3-6-9-3 3.4.9.3 and~
+ 3.4.9.4, or to aupplemental death benefit. under Subsections
~3•4•9-5.
B. Defined Benefit and Defined Contribution Plana. If, in any Limitation Year a
Member alao participates in one o· more defined contribution plans
maintained by the City, then for such Limitation Year, the sum of the Defined
Benefit Plan Fraction and Defined Contribution Plan Fraction <•• described
below) for such Limitation Year shall not exceed one. The Defined Benefit
Frbction for any Limitation Year shall mean a fraction a) the numerator of
which is the projected ann'. ,. benefit of the Member under the Plan
(determined as of tho clo &• ,f the Limitation Year}, and b) the cienominator of
which is tbe lesser of one o,,,,b ,d twenty.five percent (125%) of the dollar
limitation under Interns I. ,tevenue Co<le Section 415(o)(l)(A) or one hundred
forty percent (140%) of ,~e percen,age limitation und,i• Internai Revenue Code
Section 415(b)(l)(B) for th• year of d etermination (taking into ac,ount the effect
of Section 235(g)(4) of th .. •r•Y. Eq,.ity ar.d Fiscal Responsibility Act o, 1982).
The Defi.n,.d Contribution 1r,·2.~➔,,on for any Limitation Year shall mean a
fraction a) the numerator of which is the sum of the annual additiona (as
defined in Internal Revenue Code Section 415(c)(2)) to the Member's accounta
under all defined contribution plana maintained by the City as of the close of
the Limitation Year (subject to reduction to the extent permitted und.1r the
transitio,i rule in Section 2S5(g)(3) of the Tax Equity and Fiscal Respona1bility
Act of 1982), and b) the denominator of which is th• sum of the lesser of one
hundred twenly•five percent (125%} of the dollar limitation under Internal
Revenue Code Section 415(c)(l)(A) or one hundred forty percent (140%) of the
percentage limitation under Internal Revenue Code Section 415(c)(l)(B), for
such Limitation Year and for all prior Limitation Y•ars during which t'le
Member was employed by the City (providd. however, at th• election of the
Retirement Board, the denominator shall he increased by usins for Limitation
Years ending prior to January 1. 1983 , an amount equal to the ci~nom.inntor in
effect !or the Limitation Year ending in 1982, multiplied by the transition
fractio1, provided in Internal Revenue Code Section 4)5(e)(6)[B]).
If, in any J...:.mitation Year, the .,,m of the Defined Benefit Plan Fraction and
Defined Contribution Plan Fraction for a Member would exce•d one (1.0)
without adjustment of the amount of the maximum annual pension that ca;i
be paid to such Member under paragraph A, of this Subsection, then the
amount of the maximum annual pensior. that can be paid to such Member
under paragraph Al, hereof, shall be reduced to the extent necessary to redu"e
the sum of the Defined Benefit Plen Fraction and Defined Contribution Plan
Fraction for such Member t.o one , or the Retirement Board may take Bl•ch other
actions as will cause the sum to equal one (1.0) or less.
For purposes of this Section. the Limitation Year shall be the calendar year.
This Subsection B, shall not be effective for years beginning on end after
January 1. 2000. •
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3-41-¼M U-111~: CONSOLIDATION OR MERGER:
The Plan shall not be consolidated or merged with, nor shall any asaets or liabilitiea
be transferred to any other Plan, unlasa the benefit& payable to each Member if the
Plan were terminated immediately after such action would be equal to or llf'!ater
,hon the benefits to which such Member would have been entitled if thia Plan had
bean terminated immediately before such action.
~ 3~-17: MISCELLANEOUS PROVISIONS:
~ S-4-17-1: RIGHTS OF MEMBERS:
Each Member shall be advised of the general provisions of the Plan and upon
written request ad<lressed to the Retirement Board shall be furnished wit 1 any
information requested regarding his statua, rights and privileges under the Plan.
Neither the establiuhment of the Plan, the granting of a Retirement Benefit, nor any
action of the City or the Rstirement Board shall be held or construed to confer upon
any person any right to continue employment, nor, upon diamisaal , any right or
interest in the Truet Fund other than as herein provided.
~ 3-4-17-2: LIMITATION OF LIABILITY:
~o Member shall hnve any right to Retirement Benefit& under the Plan, except auch
rights, if any, as may accrue to him upon his retirement &om the service of the City
under the provisions of the Plan while it is in effect. All such benefit& are payable
solely out of the Trust Fund and in no event shall the City, the Truatee, or the
Retirement Board members be liable therefor. Neither the eatsblishment of this
Plan, nor any amendment or modification thereof, nor failure of ti-.. City to provide
su.flicient contributions to the same shall be oonstrued as giving to any Member, or
other peraon, any legal or equitable right against the City, or any officer or director
thereof, or against the Retirement Board, or any Member thereof.
84-H-3 U-17-3: DIRECT ROLLOVERS:
A. General. This Section applies t.o distributions made on or after January 1,
1993. Notwithstanding any provision of the Plan to the contrary that would
othenvise limit a distributee 's election under this section, A diatributee may
elect, at the timP. and in the manner preacribed by the board, to have aay
portion of an eligible rollover diatribution which exceeds $200 paid directly to
an eligible retirement plan specified by the distributee in a direct rollover . If a
distributee's direct rollover diatribution is leas than $500, the distributee may
only elect to diicect rollover 100% of the eligible rollover distribution.
B. Definition.:
I . Eligible Rollover \Jistribution. An eligible rollover distribution is any
distributio n of all or any portion of the balance to the credit of the
diatributt.>e , except that an eligible rollover distribution does not include:
any distribution that is one of a series of substantially equal periodic
payment11 (ni>t Iese frequently than annually) made for the life (or life
expecta,,cy} of the distributee or the joint live• (or joint life expectanciea}
of the dis1.-ibutee and the distributees designated beneficiary , or for a
specified period of ten years or more ; any distribution to the extent such
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•
distribution is required under code Section 401 (a) (9); and the portion of
any distribution that ie not includable in groea income (deterµtined
wi:hout regard to the exclu.oi.on for net unrealized appreciation with
respect to employer securities).
2. Eligible Retirement Plan. An eligi ble retire,:r.ent plan is an individual
retirement account described in Code Section 408 (a), an individual
retirement annuity described in Code Section 408 (b), and annuity plan
deacribed in Code Section 403(a), or a qualified truat described in Code
Section 401 (a), that accepts the distributae'e eligible rollover
dietributir11. however, in the case of an eligible rollover distribution to
the aurviving spouse, an eligible retirement plan is an individual
retirement account or individual retirement annuity.
3 . Distr;butee. A diatributee includes an employee or former employee. In
additiol.,, the employee's or former employee's surviving spouse and the
employee·~ or former employee's spouse or former spouse who is the
alternate pay'l:i~ under a qualified domestic relations order, as defined in
Code Section 414 1p), are dietributeee with regard to the interest of the
spouse or former b'!)OU&e.
4 . Direct Rollover. A •lirect rollover is a payment by the plan to one eligible
retirement plan •~ecilied by the distributee.
5. Waiver of 30 Day Notice for Caehoute of $5,000 ($3,500 Prior to January
1, 1998) or lees. if a distribution is one to which Code Sections 401 (a)
911) and 417 do not apply, such distribution may commence Jeaa than
thirty (30) days after the notice required under treasury regulation
Section 1.411 (a) -ll(c), is given. provided that:
a . The Board clearly informs the member that the member baa a right
to a pe riod of at least thirty (30) days after receiving the notice to
consider the decision of whether or not to elect a distribution (and,
if applicable, a particular distribution option), and
b. The member, after receiving the notice , affirmatively elects a
diatribution.
~-The City Council of the City of Englewood, Colorado hereby renumbers
Title 3, Chapter 7, to Title 3, Chapter 5, "City of Englewood Police Officers' Penaion
Fund, in its entirety of the Englewood Municipal Code 1985 , to read aa follows:
Ti•I• 3, Chapler 1 TITLE 3, CHAPTER 5
POLICE OFFICERS' PENSION FUND
3-U 1-6-1: FUND CREATED:
A. The City does hereby elect to continue to participate in the Police Pension
Fund, in accordance with the provisions of title 31, article 30, part 3, C.R.S.,
1973, BBVe and except to the extent the proviaions of this Section supersede
any provisions of said statutes.
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B. The Pension Fund end Pension Plan shall be administered by the Plan
dllcum ent •• adopted by the City Council by reaolution and which may be
an:ended as required by the Board of Truetees.
8-;-i 3-6-2. SUPPLEMENTAL DISI.IBILITY BENEFITS:
A. In order to supplement th,J ir.,:ome of any police officer, who , l'B a rnult of injury
or illness , receives an occupational or total disability from the Firt and Polica
Pnsion Association shall receive a monthly benefit paid from :.he "Self-ln1urance
Fund," defined in Title 4, Chapter 3, Section 7 of this Cod, .,s determined in
thia Section .
B. Any police officer hired prior to April 8, 1978 receivin~ an occupational or total
disability from the Fire end Police Pension Aaao<.'iat .~n shall receive twenty
percent (20%) of the base salary plua longevity the ,,s lice offi cer wea earning
when the disability was awarded . The benefit payment shall be in addition to
any benefits payable to the police officer from the statutory Police Officere '
Pension Fund .
C. Any police officer hired on or after April 8, 1978 receiving an occupr,' · orutl
disability from the Fire and Police Pension Association shall :ecei,. ten percent
(10%) of the base salary plus longevity the police officer was earning when the
disability was awarded. The benefit payment shall be in addition to any
benefits payable to the police officer from the statutory Police Officere' Pension
Fund.
D. Any police officer hired on or after April i , l '· 7~ ,, ,eiving a total disability from
the Fire and Police Pension Aaaociation ,',all ,rr,.,,, twenty percent (20%) of the
base salary plua longevity the police officer wus e, ,ning when the disability was
awarded. Th• benefit payment shall be in addition tu any benefits payable to
the police officer from the statutory Police Officers' Pension Fund.
E. Benefit& from this section shall be reduced if a police officer has earned auy
income other than that provided by a disability benefit, and if applicable, a
Workers' Compensation award that pr ovides a total income greater than an
amount equal to one hundred percent (100%) of the base salary provided to an
active police officer of the same rank at which the police officer retired, the
disability benefit shall be reduced by twenty-five percent (25 %) of the additional
earned income .
F. All benefits from this section shall cease if the police officer ceases to qualify for
an occupational or total disability &om the Fire and Police Pension Association.
r;. All benefit& from this section shall be suspended or cease if the police officer fails
to provide any information requested by the safety ll<'rvices supplemental
disabilit)' board by the date indicated on the request.
H. A11 benefits from this Section shall cease on the police officer's normal retirement
date.
I. A Safety Services Supplemental Disability Board ehall be created and composed
of two elected members from the firefighter ranks chosen by a majority of the
Fire Division for a three (3) year term ; two elected members from the police
ranks cho,en by a majority of the Police Division for a three (3 ) year term ; one
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•
citizen boord member from the Police Pension Board; one citizen board member
from the Firefighten Peneion Board ; the Financial Senicea Director af~e City of
Englewood, and the Mayor of the City of Englewood. Five memben ,hall
constitute a quorum for conducting a~ Board blllineaa. The Safety Ser,•icea
Supplemental Diaability Board ia granted the authority to ialue regulationo not
inconaisumt with the terms of thia section, deaigned to carry out the p.._ of
this Section, and to hold hearings, take evidence . receive information , and to
moke final ond binding deciaions, awards and reaolutiona respactins the
eligibility of applicants for initial and oontinued payment of supplemental
benefits .
J . The Safety Servicea Supplemental Diaability Board ahall elect a chairperaon from
its members to preside over meetin1a and conduct other board buaineu not
inconsistent with the terms of this Section .
K. The Safety S.,rvices Supplemental Diaability Board shall be required to meet
only when application for benefits are made or aa determined by tha cbairpel'!ICn
of the Board.
-8-6-8: RETIREMENT BENEFITS:
Any police officer in covered employment with the City prior to April 8, 1978, and
who bas attained the age of fifty.five (56) yeara and baa twenty (20) or moN! yeara of
credited service with the Englewood Police Division, or a member who has twenty•
five (25) yeara or more of credit with aaid Englewood Police Division, regardleaa of
age, shall be eligible to receive a service retirement pension based on the police
officer's final base pay, allowing two and one-half percent (2 1/,%) for each of the first
twenty (20) years of accredited service , plua one percent (I%} for each additinnal y, "
of accredited service, to a maximum of sixty-five percent (65%). Calculatin• ti:,i baae
pay means the average salary received as a member of said Departme ::. ... ~ .:ne yPar
before granting said pension . Pensio·,1 payments shall be made in equal ,., 011t.hly
installment.a to the member .
3-;,,+ 8-6-4 : LEAVING SERVICE PRIOR TO ELIGIBILITY:
Should sny police officer in covered e mployment with the City prior to April 8, 1978,
who leave s tht: servi ce of the City prior to beooming eligible to receive a pension, for
any reason other than de ath. and said member has le ss than five (5) years of
credited service at termination, be shall be entitled to a refund of his total
contribution without int.erest; or if said member has five (5) or more years of credited
service at termination, said officer may elect either:
A. To recei\, cl,forred monthly beneftts p ayable beginnin g at age fifty -five (55)
based upon the member's final base pay, allowing two and one-half percent
(2 1/1%) fo re· ,ch of the first twenty (20) years of accredited service plus one
percent (I%) for each additional year of accredited s ·rvice to a maximum of
sixty-five percent (6 5%) of base pay; or
B. Receive a refund of his total contributions with interest, if any, thereon, BL may
be determined by the Board of Truatees of said Fund .
. 45.
..U 1-1-6: POLICE PENSION FUND:
In lieu of the provwone of Title 31 , Article 30, Section 312, C.R.S., 1973, tbe Board
ofTruetee1 oftbe Policemen'• Peneion Fund of this Municipality ohall be governed
by the followin11 provisione:
The Board of Trustees of the Policemen's Pension Fund in this Municipality uhall
have power to drew on ouch Penoion li'lmd, from the treaaurer of t he Policemen'•
Penoion Fund, and may invest the same, or any part thereof, in the nome of th,,
Board of Truateeo of the Policemen'• Pension Fund, in any oecurity, bond, debenture,
corporate obligation, otock , preC..rred or common, eecuritiee of any open-end or clooed-
end management.type investment company or investment trust and participations
in common truot funds, to the extent that ouch inveotments ,vould be authoriud
inveotments by fiduciarieo within tbio State ao set forth in title 15, article 1, part 3,
C.R.S., 1973, or any ouboequent amendment thereto, providing that said Board
ohaU at all times hold fixed income obligations having a book value or ooot of not leaa
than sixty percent (60%) of the total contributions made to said Policemen's Penaion
Fund, lesa the amounta paid out. All securities inv,sted shall be deposited with the
Treasurer of the City, .:sex officio treasurer oftbe Boari ofTru&r.eea of tLe -
Policemen's Pension Fund, and subject to the order o! .;aid Board.
~-_The City Council of the City of Englewood, Colorado hereby renumbers
Title 3, Chapter 8, to Title 3, Chapter 6, Firefighten' Pension ~·und And Pern,onent
Diaability Benefits, in ita entirety of the Englewood Municipal Code 1985, to r.,sd as
follows:
Tl'FLB 81 GKt.d'TBR 8 TITI.E 3, CHAPTER 8
FIREFIGHTERS' PENSION FUND AND PERMAN.ENT nl&\BILITY
BENEFITS
3-8-1-3-6-1 : FIREFIG'!ITERS• PENSION !'UND AND PERMANENT
DISABILITY BENEFITS:
~ S-6-1-1: FIREFIGHTERS' PENSION FUND:
Commenclns on January 1, 1977, there shall be deducted from the monthly salary of
plan memben hired prior to April 8 , 1978, of the Englewood Firo Di•. ,,:o:i s •um
equal to five percent (5%) of Boid member's monthly salary punuant to i:,ert 4,
article 30, title 31 C.R.S., 1973, which s um shall be deposited in the City's
Firefighten' Pension Fund.
A. The City shall make contributions annuelly to the l':..-fig~rere' Pension Fund
at a rate to be determined in the following manner: at least every three (3)
ye&r11, the Firefighters' Pension Fund shall have an actuarial otudy prepared
relating to the Firefighters' Pension Fund. The normal cost of the benefits
afforded under the etatutory Firefightere' Pension Fund plus any unfund•d
cost proret•d on a forty (40) year funding baaie from Januery 1. 1982, of the
benefits afforded under the Firefighter■' Peneion Fund. The resultant
percentap will be paid annually from general revenues of the City into the
Firefighten' Pension Fund.
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•
•
B. In addition to the powero and obliptiona impooed upon tho Board of Truoteeo
of the Ens)ewood Firefiahtero' Pena:on Board. by article 30, title 31, C.RS.
1973, oaid Board oball have all powers neceaaary to ouperviae and adminuoter
the term• of thia Section.
~ S-6-1-2: SUPPLEHENTAL DISABILITY BENEFITS:
A. In order to supplemen\ the income of any firefishter, who, a u a reallll of injury o•
illne88, receives an occupational or total diaability from the Fire and Polir.o
Pension Aaaociation ahall receive a monthly benefit paid frotu the "Self-lr.,,,,anc•
Fund," defined in Title 4, Chapter 3, Section 7 of thia Code, ao determined m
this Section.
B. Any firefighter hired prior to April 8 , 1978 recemng an occupntiunal ,. ••. ,.i
disability from the Fire and Police Penai, n Aaaociation ahall receive t , · m
pereent (20%) of the base salary plus lonlevity the firefighter wu earning wnan
the disability was awarded. The benefit payment shall be in addition to any
benefits payable to the firefighter from the statutory Firefighters' Penaitn Fund.
C. Any firefighter hired on or after April 8, 1978 receiving an occupational disability
from the Fire and Police Pension Aaaoc:iation shall receive ten percent (1°'6) of
the base salary plus longevity the firefighter waa earning when the disability
was awarded. the benefit payment shall be in addition to any benefits payable
to the firefighter from the statutory Firefigbtero' Penaion Fund.
D. Any firefighter hired on or after April 8 , 1978 receiving a total disability &om ti:
Fire and Police Pension Association shall receive twenty percent (2°'6) of the
base salary plus longevity the firefighter was earning when the disability was
awarded. the benefit payment aball be in addition to any benefito payable to
the firefighter from the statutory Firefighters' Penaior Fund.
E. Benefita from thia Section shall be reduced if a firefighter has earned any income
other than that provided by a disability benefit, and if applicable , a Workero'
Compensation award that provides a total income greater than an amount equal
to one hundred percent (100%) of the base salary provided to an active firefighter
retired, the di88bility benefit shall be reduced by twenty-live percent (25%) of the
additional earned income.
F . All benefits from this Section shall cease if the firefighter ceases to qualify for an
occupational or total disability from the Fire and Police Pension Aaeociation.
G. All benefits from this Section shall be suspended or cease if the firefighter fails to
provide any information requested by the Safety Services Supplemental
Dioability Board by the date indicated on the request.
H . All benefits from this Section shall cease on the firefighters normal retirement
dat
I. A Safety Services Supplemental Disability Board shall be created and compos.d
of two elected members from the firefighter ranks chosen by a ,r.ty of the
Fire Division for a three (3) year term ; two elected members fro, .., police
ranka chosen by a majority of the Police Division for a three (3) ~ term: one
citizen board member from the Police Pension Board; one citizen l>o ,ard member
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from th Firelighters Pension Board ; the l'inancial S..1 vi<.0 • Director of the City of
En1le•KOOC!, and th• Mayor of the City of Englewood . Fir ~ me1t•ben aball
conetitute a quoru:11 ,,,, ~nducting any boanl bualnr,a, )1.,. S11'eey Senu:e1
Supplemental Diaability Board ia grantad the authorit;• to iuua re,ulaliona not
ine<,111i1tent •·ilh the term ■ of tbia Section, de■igned to,,.,...,. out the purp-of
th.ta Section , anlt. to hold hearings , take evidence, rect:~:"G lr:!nrmation , and to
make final and binding deciaiona, award ■ and reaolutlcn& ro opectini tJ,e
eligibility of applicants for initial and continued payment of supplemental
benefit..
J . The Safety Service• Supplemental Dieability Board shall ,Ject a chairpenon from
its membere to preside over meeting• and conduct ctt. -r lloard buainHa not
inconsistent with the terma of thia Section.
K. The Safety Service• Supplemental Disability Board ahal! be required to meet
only when application for benefits are made or u detcra,mod by the Chairperson
uf the Board.
-.W. 8-8-1-3 : RETIREMENT BENEFITS:
Any firefichter who has attained the age of fifty (50) yeua and haa twenty (20) or
more year■ of credited service ■hall be eligible to receive a aervice retirement penaion
bued on the employee's final b.ae pay, allowing two and one-half p,,rcent (2 1/,%) for
each of the 6nt twenty (20) yeara of credited service, plus one percent (1%) for each
additional year of credited eervice, to a maximum of sixty-five percent (65%).
Calculating the base pay means the amount of hia/her monthly aalnry as of the date
of bia/her retirement. Pension payments ahall be made in equal monthly
inatallmenta to the member.
3-8-M 8-8-1-4 : LEAVING SERVICE PRIOR TO ELIGIBILITY:
Should any plan member hired prior to April 8, 1978 , leave the service of the City
prior to becoming eligible to receive a penaion payable from the Firefighter■' Pension
Fund, for any reason other than death, and aaid member ha■ leu than five (5) yeare
of credited service st termination, said firefighter shall be entit.led to a refund of
his/her accumulated contribution to the Englewood Firefighters' Pension Fund. The
term accumulated contributions shall mean the sum of ••id firefighters' contribution
to the Firtfighters' Pension Fund together with intere• •. if any, thereon, aa may be
determined by the Firefighters' Pension Board.
If said firefighter haa five (5) or more years of credited service at termination. the
firefighter may elect either:
A. Deferred monthly benefit payable beginning at age fifty (50) baaed upon the
member'• final ba,e pay, allowing two and one-half percent (21/1%) for each of
the firat twenty (20) years of credited service plus one percent (I%) for each
sdditional year to a maximum of sixty-five percent (65%) of base pay; or
8 . Receiv e a refund of his/her accumulated co ntributions as set out above .
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•
~ 3-6-1-6: VOLUNTEER FIREFIGHTERS PENSION FUND:
A. There is hereby created a apecial fund to be known aa the Volunteer
Firefighters Pension Fund for the purpose of paying atatutory benefit& to I
volunteer firefighters under conditions aa provided by title 31, article 30, part
4, C.R.S .. 1973.
B. Benefit& for all volunteer firefighter& retired before December 31, 1974, shall be
expended from funds received from the State in the annual allotment provided
in title 31, article 30, part 4, C.R.S ., '1973.
C. Beginniqg January 1, 1975, the City shall make contributions oo the Volunteer
Firefighters Pension Fund as determined neceasary t,, annually fund the
pensio~i;ne~t a~ulations of the volunteera. The contribution ahall be baa~ 'on nlactuari.U study oo be done at leaat every three (3) years. Pension
benefite t,, vAlunteers 'tetiring aCt,r January 1, 1975, will be paid Crom theae
contributions .
I _)..
~-Sefety C)guseg Th• City Coun9,l hereby fin'\,", d~termin~•. and
declare• that thia Ordinance ia promulgated under the general police JIO"'• of the
City of Englewood, that it is promulgated for the health, aafety, and welfare of the
public, and that thia Ordinance is necessary for the preaervation of health and aafety
and for the protection of public convenience and welfare. The City ColulcH further
determine• that the Ordinance beara a rational relation t,, the proper legislative
object sought to be obtained.
$i:.".tilm..2li . S.yerability IC any clause, sentence, paragraph, or part of this
Ordinance or the applicati. n thereof to any pers?n or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, such judgmont shall
not affect, impair or inva1.:date the remainder of this Ordinance or it application to
other l)ersona or circumstances.
~ lnconnistent Ordinances All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereVy
repealed to the extent of such inconsistency or conflict .
~ Effect nfreneol or mndiiicali.Qlli The repeal or modification of any
proviaion of the Code of tte City of Englewood by this Ordinance shall not release,
••tinguish. alter, modify, or change in whole or in part any penalty , forfeiture, or
liaLHity, either civil or criminal , which shall have been incurred under such provision,
and e,1.ch provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actious, 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 prosecutio .n:.
~ fmlllty. The Penalty hovieion of E.M.C. Section 1-4-1 shall •pply to
each and every violation of this Ordinance.
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Introduced, read in full, and pUMd on &ret reading on the 22nd day of Feoruary,
2000.
Publlilhed as a Bill for an Ordinance on the 25" day of February, 2000.
Read by title and passed on final read.ins on the 6th day of Marcli, 2000.
Published by title as Ordinance No . ft Serie■ of 2000, on tha 10th day r,f
March, 2000.
I, Loucrishia A. Ellis. City Clerk of the City of Englewood, Colo
that the above and forego,:,•; is a true copy of the Ordinance
and publlilhed by title as Ordinance No. ~ Seriea of .
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COUNcnCOMMUNICATION
Date Agenda Item Subject
February 22, 2000 Munldpal Code Revisions
TIiie ID
llaii
Initiated By Staff Source
Human Resources Department Sue E.tton, Director of Humm Resources
COUNCIL GOAL AND PREV )US COUNCTL ACTION
'The Englewood Mwucipal Code currently contains sec :ons which relate to operational
aspects of the Human Resources function.
RECOMMENDED ACTION
Staff recommends Council adopt a bill for an ordinance approving the attached Code
revisions . The revisions relate to the removal of various administrative policies and
procedures from the Code and placing them into the City of Englewood Administrative
Policies and Procedures manual.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Many of these sections to be removed contain information which has not been updated since
1983 and is not in keeping with current HR practice, some even contain information which
conflict with current labor law .
FINANCIAL IMPACT
None