HomeMy WebLinkAbout2000 Ordinance No. 029•
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ORDINANCE NO . .:0..
SERIES OF 2000
BY AUTHORITY
' COUNCIL BILL NO. 29
INTRODUCED ,BY COUNCIL
MEMBER GARRETr
AN ORDINANCE AMENDING TITLE 3, CHAPTER 4, SECTION 16, SUBSECTION
3-A-5, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO THE
CITY OF ENGLEWOOD NONEMERGENCY RETIREMENT PLAN DOCUMENT
(THE PLAN).
WHEREAS, the City Council of the City of Englewood, Colorado passed Ordinance
No. 40, Series of 1999 amending E.M.C. Title 3, Chapter 6, pertaining to the City of
Englewood NonEmergency retirement .Plan; and
WHEREAS, the paBBage of tlilii Ordinance will provide the change required by the
Internal Revenue Service;
rnw, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
~-The City Council of the City of Englewood, Colorado hereby amends
Title 3, Chapter 4, Section 16, Subsection 3-A-5, of the Englewood Municipal Code
1985, to read aa follows:
S-4-16-3 : LIMITATION OF BENEF!TS:
Effective January 1, 1987, notwithstanding any other provision contained herein to
the contrary, the benefits payable to a Me. 1ber from this Plan provided by City
contributions shall be subject to the limital·ons of Internal Revenue Code Section
415 in accordance with subsections A and B 'ielow:
A. Defined Benefit Plan Only. Any annual Pension payable to a Member
hereunder shall not exceed the lesser of:
5. Effective for vears bemm.i_ng on or aft.er Jenuarv 1 1995 in the event
that a Member baa been credited with leas than ten (10) years of service,
•he pe,ee111e:ge ef a,erage emning9 lim-i:Meten el:h:erwiae appl:teehle eM,
Sohseetien \(3) a:.e e ..,,1 the dollar amount otherwise applicable under
Subsection Af3) above shall be reduced by multiplying eeelt such amount
by a fraction, e num erator of which is the number of such Member's
years of service (or part thereof), but ne,er less than one (1), and the
denominator of which is ten (10).
10 b I
llmilm..2. 5•l•ty Gl•YR• The C'ity Council hereby Ii.mil, determine,, and
declares that this Ordinance is promulgated under the gen,,r:-J police power of the
City of Enclewood, that it is promulgated for the health, saf!t,, lllld w;:lfare of~
public, and that this Ordinance is necessary for the preser,,r;on of Malth .:.'Id safety
and for the pro!A!Ction of public convenience and welfare . Tiu City Council further
c..eterminea that the Ordinance bears a rational relation to ti .r. proper legislative
obicct sought to be obtained.
~ S.yorabilia. If any clause, sentence, r,1,·•p ., or part ofthia
Ordinance or the application thereof to any person oc cir•; ,w,•.ances shall for any
reason be adjudged by s court of competent jurisdiction io v,ilid, such judgment ahall
not affect, impair or invalidate the remainder of tbia Ordinance or it application to
other persons or circumstances .
~ lnoonailteut Otdinencen All other Ordinances or portions thereof
inconaistent or conflicting with thia Ord.inance or any portion hereof are hezeby
repealed to the extent of such inconsistency or conflict.
~ Effect of nmeol or modification The repeal or modification of aL ~
provision of the Code of the City ,,£ Englewood by this Ordinance shall not relew1<,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either ci ,il or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions, suits, proceedings, 8.fid
prosecutions for the enforoement 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 actiona, suite. proceedings, or proaecutiona .
~ hwll,ty. The Penalty ':'revision of E.M.C. Section 1-4-1 shall appl;· tn
each and every violation of this Ordinance .
Introduced, read in full , and passed on first reading on the 3"' day of April, 2000.
Published as a Bill for an Ordinance on the 7th day of April, 2000.
Read by title and passed on final reading on the 17th day of April, 2000.
Published by title as Ordinance No .~ Series of 2000, on the 21st day of April,
2000 .
ATTEST:
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Jrenda; .Cas,Deputy City Clerk
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I, Brenda J. Castlll, Deputy City Cler.It of the City of EnsJewood , Colorado, horeby
certify that the above and forer->inr io a true copy of the Ordinar:-"<' puaed on final
readinr and puhliahed by title u Ordinance No .~ Series of': ,iJO,
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COUNCIL COMMUNICATION
Date Agenda Item Subject
April 3, 2000 A bill for an ordinance adopting
amendments to the City of
10 a i Englewood NonErr,ergency
Retirement Plan Document (the
Plan)
Initiated By Staff Source
Administrative Services Decartment I Frank Grvalewlcz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City Council passed Ordinance 40, Series of 1999, amendi ng ntle 3, Chapler 6, perta ining to the
City of Englewood Nonemergency Retirement Plan Amendment.
REC J M'MENDED ACTION
Staff recommends the City Council approve the attached bill for an ordinance .
BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED
This ortll nance does not substan6ally change the current level Jf pension benef its for the
Nonemergency Retirement Plan participants. The ordinance provides the Internal Revenue Service's
(IRS) required changes to the Plan as stated in the IRS Letter of Determination .
The Plan document is amended to comply with federal requirements .
FINANCIAL IMPACT
None .
LIST OF ATTACHMENTS
Proposed bill for an ordinance