HomeMy WebLinkAbout2000 Ordinance No. 032•
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ORDINANCE NO . 12:
SERIES OF 2000
BY AUTHORITY
COUNCIL BILL NO. 35
INTRODUCED BY COUNCIL
MEMBER GARRE'IT
AN ORDINANCE APPROVING "AMENDMENT NO. ONE TO CITY OF
ENGLEWOOD FIREFIGHTERS PENSION PLAN (AS AMENDED AND RESTATED
EFFECTIVE JANUARY I , 1999)".
WHEREAS, the City Council of the City of Englewood , Colora do onsed Onlwance
No. 46, Series of 1999, adopting an r.me uded City of Englewood Firefighters Pensicn
Plan document; and
WHEREAS , the adoption of this Ordinance does not substantially cha,,.., the
current level of pension benefits for the Firefighters Pension Plan participanta; and
WHEREAS, the Ordinance provides the Internal Revenue Service's (IRS) required
changes to the Plan ss etated in the IRS Letter of Determination;
NOW, 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 autho-:iZAa
the adoption of "Amendment No . One to City of Englewood Fin,fightera Penai•,n
Plan (as Amended and Restated Effective January I , 1999)", attached hereto as
"Exhibit A".
~-The Mayor and the City Clerk are hereby authorized to sign and attest
said • Amendment No. One to City of Englewood Fin,fightera Pension Plan (aa
Amended and Restated Effective January I, 1999)", for and in bebalf of the City of
Englewood .
Introduced, read in full, and p•BSed on first reading on the 17th day of ;\pril . ~-'lf'O .
Published as a Bill for an Ordinance on the 21st day of April, 2000.
Read by title and passed on final re ading on the l•t day ofl,!sv, 2000.
Published by title as Ordinance No.~eries of 2000, on the 5th day of May,
2000.
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BrendaJ.C¥.D.puty City Clerk
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I, Brenda J,, Cutia, Deputy City Cleric o£ the City o£ Eaalewood, Colorado, beteby
certi.(y thet the above and fureaoinc ia a true copy of the Ordinance paued on final
reading and publilhed by title ao Ordinance No.12;-Serieo of 2000.
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AMENDMENT "1 0, ONE TO
CITY OF ENGLEWOOD FIREFIGHTERS PENSION PLAJ'<
(AS AMENDED AN"D RESTAT ED EFFECTIVE JANUARY 1, 19'llJ)
Pursuant to the authori1y of the City ofEnglewood and the provisions of Aitic!e Xlll,
Section 1 of the City of Englewood Firefighters Pension Plan (As Ainended and Restated
Effective January 1, 1999) (the "Plan"), Article I, Section 2.j. of the Plan is hereby amended,
effective January 1, 1997, to read as follows:
"j. Employee : Any person whose Covered Employment with the Employer
commenced prior to April 8, 1978, and who, on and after the Effective Dar~, ,s receiving
remuneration for Covered Employment or would be receiving such remunerat ion except
fo r a dul y authorized absence . Included are 'leased employees .' The term 'leased
employee ' means any person (other than an employee of the recipient) w ~.:; j)UISualll to
an agreemenl between the rec ipienl and any other person ('leasing organi u 1io n') has
performed services for the recipient (or for the rccipien1 and relaced persons decermincd
in accordance with Code Seccion 414(n)(6)) on a subs1an1ially full-time basis for a period
of at least one year, and such services are performed under primary direction or conll'OI
by the recipient. Contribucions or benefi!S provided a leased employee by the l~asing
organization which are attributable to services performed for lhe recipienl employer shall
be tteated as provided by lhe recipienl employer.
A leased employee shall 001 be considered an employee of the recipient if:
(1) such employee is covered by a money purchase pension plan providin g: (a) a
nonintegrated employer contribution rate of at leasl ten ( 10) percent of compensation, as
Jefined in Code Section 415(c)(3), but including amounts con1ribu1ed pursuant to a salary
reduction agreement which are excludablc from the employee's gross income under Code
Section 125, Code Section 402(e)(3), Code Section 402(h)(l)(B) or Code Section 403(b),
(b) immediate participation, and (c) full and immediate vesting; and (2) leased employees
do not constitute more than 20 percent of the recipient's nonhighly compensated
workforce."
IN WITNESS WHEREOF , and as conclusive evidence of the adoplion of the foregoing
instrumenl comprising Arnendmenl No. One 10 City of Englewood Firefigh1ers Pension Plan (As
Ainended and Restated Effective January l , 1999), the Emplo yer bas caused ils seal 10 be affixed
he re to and lhese presenls lo be duly executed in its name and behalf by its proper officers
thereun10 authorized this day of _____ ~ 2000.
ATTEST : CITY OF F.NGLEWOOD, COLORADO
By ___________ _
Loucrish ia A. Ellis, City Clerk Thomas J. Burns, Mayor
02-61362.02
COUNCIL COMMUNICATION
Date Agenda Item Subject
April 17 , 2000 BIii for an Ordinance adopting
10al amendments to the City of
Englewood Firefighters Pension
Plan Document (the Plan)
Initiated By I Staff Source
City of Englewood, Administrative Services Fran~ Gryglewlcz, Director
Deoartment
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City Council passed Ordinance 46, Series of 1999, adopting an amended City of Englewood
Firefighters Pension Plan document.
RECOMMENDED ACTION
Staff recommencis the City Cou nci l approve the attached bill for an ordinance.
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This ordinance does not substantlally chang!I the current level of pension benefits for the Firefighters
Pension 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