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Home My WebLink About1993 Ordinance No. 042• • • / ORDINANCE NO/k, SERIBS OF 1993 BY AUTHORJ'l'·Y 10 (b) OOUNCILBILLNO. 21 INTRODUCED BY COUNCIL IIBMBBR BULLOCK AN ORDINANCE AMENDING TITLE 8, CHAPTER 7, SBCTIONS 1 AND 2, OF THE ENGLEWOOD MUNICIPAL CODE, 1986 BSTABLlSHING THE SBLF-INSURANCE FUND FOR PAYMENT OF 20-. SUPPLEMENTAL DISABILITY BENEFlTS FOR QUALIFYING ENGLEWOOD POLICE OFFICERS. WHEREAS, the Police Officen' Benefit Fw,d exialAld for the purpo-at payinJ 20'1, Disability Payment& t.o eligible police afticen and refundin& CG11tribution1 to w■ted members of the Police Pension Plan; and WHEREAS, the Police Pension Fund and Pension Plan adopted by Ordinantfl 6, Serie■ of 1990, specifies that the Police Pension Plan so adopted allowa refuncla of contribution ■ for vested members; and WHEREAS, there is a nead to separate from the Police Pension Fund the 20'I, Supp·1emental Disability Benefit& which may be drawn by all Enclewood Polic:a Officen which includes both Old Hire and New Hire Police Officen; and WHEREAS, in order to simplify f\mding for all 20'I, Supplementel Diubility Benefit& for a ll Englewood Police Officen it is neceuuy to separate th-funcla; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: SWimJ.. The Englewood City Connc:il herl,y autharila payment by the City of Englewood from the Self-Inauran .. Fnnd for certain cliubilitiu by amm1din1 Title 3, Chapter 7, Sections 1 and 2, olthe Eneln,ood Mnnicipal Code, 1985, Title 3, Clll,pu,r 7, Se..1i•m 1, Subsections B, C and D an hereby -Wand Title 3, Chapter 7, Section 1, Suboectio,1 E shall be renumbered u Title 'I, Chapter 7, Section 1, Subeection B, and ah.all read u follow ■: 3.7.1 , FUNDCREATED: A The City does hereby elect to continue to participate in the Police Pension Fund, in accordance .,ith the provisions of Title 31, Article 30, Pert 3, Colorado &vised Statutes, 1973, ■ave and ucept to the extent the provisiODJ of this Section supersedes any provision ■ oC uid lltatutea. &. 'l'he~ herell)J i ■ ereat.e,i • 1peeial fm,,I le he lme'"' •• "Poli:e 8ffieer■' Benefit Fmid" for the pu.peoe A0 pa,iuc 11,ooe l,enefill _.,,;,11 le peliee olfiee11, ptH ■Ulftt le lite pro,ilion1 oft Im Seetfon, .. "ell a., 'Pille a ollite Si" So<le . G, 'l'he Si" ■hall mal,e eenlrillutio11 lo: ,.;,I Peliee Qllioe. •• B 1n1fit hna al a rale le 9E lletcnninell mm .. R, iB lfte feMenin1 1Hnue,. •• 1 .... •• •rJ Qi, ec (3) , eaPS, tftcGil) ahaHhauean 1 arial ■tit,-4) pzcpaCN111•••••••Pelica-PeMieft Fu"d Md Poliee 91fio .r ■• Benefit Fttna. flle 111....i -• ef lite 1,enefit■ affer,lea m,oler lite 6'8t■'8i, P9liee PenlNB l'■,,.t •ol Ille n ■--1 eeet, pl•..,, ..,funded eo■t preraleol on a llmi) !ilOI ,_ funmnc lmi■ olllle l.e!lll6• after,lo<l ..,der lite Poliee 91fieer ■' i, ,n1fit had ,,.;111,e lii■ts illoolea m111...i1, inle lloe '"" !&) pen ■ien ,_.,. 'l'he Gi.,'1 -w;i.ti• IBN lho MN 91110111' ■•o&• ...... wlll l,o a fi,:m e ,le, I. e,I II:, 181,;nc Ille '8lel nlsi11ati• k lie .... OMh ,_ • ••oe1il,e,I •·• ..,,i 111hll'Mlillc eonlril11t1ien1 _.. II:, lh• 0111ple,N, 8ili,-_. e .... er • Gel•,.••• WI 11,e Po!ioe Penoion Pm,,I. 'l'he •••'""• pe1oen-.. ---•• a,,naelly will lie pmd froM 111neral ,e.enwo orthe Gi'J ink lhe Po!ioe Gfl!eeH' Benefil F'ttnd. D-: IIHMl,l;f;.., WI lhe po••• i-,-• .,.n 1h Boa,d of'l'rllMlen oflhe !Inglewood Poliee111en'1 Pon1i011 Jim,• II:, 'l'itle 31 , ,',ciiele 88, Pen I, Gelo,ado Re,;11,! S•mw:., 1-9?8 , Nid Beatd lhall he,e an tlh pe e,a aem1111; N 11ap1n-i11 mul edminialer ti.e pro ,i1io111 er thi ■ Beet.ion. B; B.The Penoion Fund and Pen sion Pion ahall be adminiltered by the Plan document u adopted by the City Council by JHO)ution and which ma,y be amended u required by the Board of Trustees. 3-7-2 : PERMANENT DISABllJTY BENEFITS: A . In onler to supplement the income of any police officer REGARDLESS OF HIRE DATE OR PENSION PL/ N who, u a ...,Jt al iltjwy or illneu, ia rendered permanently cliahled, there ahall he paid to ouch officer, out of the-Peliee C>ffiee,o' Benefit F'ttnd, SELF-INSURANCE FUND DEFINED IN TITLE 4, CHAPI'ER 3, SUBSECTION 7, OF THE ENGLEWOOD MUNICIPAL CODE 1985, a monthly benefit equal to twenty _.t CIK) afhia/HER hue aalory plus longevity which he/SHE wu makinc at the time that he/SHE incurred auch disability. Such payment shall be in addition to any benefits payable to tho offieer from the s tatutory Police Pension Fund OR THE CITY'S POUCE PENSION • PLAN. B . In onler to be elicible to neeive auch payment, the officer muat, at the time al lriJ/HER application therefor, be permanently diuhled mm perfonninr the dutiea of any oceupation for which tho officer, by nuon ofhiwHBR aducation, training and uperience, -old be eapable of pel'fannin&. bat for the iJtjwy or illneaa involved. In detennininc whether any officer ia ao permanently disabled, a disability and any known injury or illneu which p~ated the officer's employment with the City, shall be disreprded. C . Payment to Uie officer of auch benefit. shall c:ontiaue on a monthly buia, 1ubject to the followin1 conditions: 1. Payment ot' auch benefila ahall ceue -the elate that the offi-would have been, but for his/HER disability, elicible to receive normal, nondiaability retirement benefila from the STATUTORY Police Pension Fund OR THE CITY'S POIJCE PENSION PLAN; 2. Payment of auch benefila ahall eeaae ahould it he auboequently determined that, by ....-. of retraining, improvement in ....Ution, or for any other reason, the officer ia no longer permanently disabled mm performing fr • dutiea of any occupation for which he/SHE i.< q,aaliliecl; and 3. There ahall be deducted fnim the amounla r.ay.i~, het-eundor an amount equal to any income earned by the offieer u .> ,,..ult ofpenonal .. ~ ... (either aa an employee of another or on hit/KBR own behalf). -2 - • • • D . The Police Peuion Boan! ia honby srant.d tho authority 1111d juriodiction to issue regulations, not incanlillent with the tonu henof, clooicned to cany out the purpose ofthia Secdon, 1111d to hold hoarinp, take ovldenc:e, remm information and to make final 1111d bindinr deci1ion1, award, end rNOlution1 nopectinr the eligibility of offic:en for initial, end continuod, payment of benefit. benunder. Int~uced, read in full, 1111d pauecl on fint , .. din, on the 2nd day of Aurult. 1993. Published u a Bill for an Ordinance on the 5th day of Auruat. 1993. R,ad by tille and passed OD final readinr on the 16th day of Aua,ut, 1993. Published by title u Ordinance No .42, Series of 1999, OD the 19th day of Auru•t. 1993. ATTEST : G 0~<~v:1 a~", Patricia H . Crow, City Clerk I, Patricia H. Crow, City Clerk of the City ofEnrtewood, Colorado, henby certify thot the abo\'e and foregoing is a true copy of the Ordinance puaed on final readinr end publiahed by title as Ordinance No.~ Series of 1993 . Patricia H. Crow .3 . • • Date COUNCll. COMMUNICATION Subject Police 20% Supplemental Disability Pensions August 2, 1993 Agenda Item 11 C INITIATED BY O ld Hire Police Pension Board Sf AFF SOURCE Lorraine Hayes, Director of Financial Services and Acting Gty Manager Is.SUE/ ACTION PROPOSED The Old Hire Police Pension Board requests that City Council adopt three ordinances which w ould: (1) clarify that the Police 20% Supplemental Disability Pension is a benefit available to all police officers, r egardless of hire date or pension plan, (2) establish the City of Englewood 's Self Insurance Fund as the means thro.igh which the City finances this benefit, rather than through the Old Hire Po>lice Pension Pl an, and (3) amend the Old Hire Police Pension Plan accordingly . PREVIOUS COUNCIL ACTION None . STAFF ANALYSIS · The Police 20% Supplemental Disability Pension provides income to police office.rs who are permanently disabled from performing th e duties of any occupation for which they are qualified . It supplements the disability payments provided through the FPPA, which would • typical ly amount to 50% of the disabled offi cer's pay at the tim e of the disability . Because the benefit was initially provided before the "New Hire"/"Old Hire" distinction . pension plans oa:urred in 1978, occasional uncertainty about the eligibility of both new and old hire officers has persisted. City Attorney Rick DeWitt has issued clarifying opinion letters about the benefit at various times over the past few years. Each time he indicated that the benefit is available to all police officers, regardless of hire dates or pension plan. Nevertheless, confusions continues to persist about the benefi t, primarily because the placement of the benefit language in the City Code is accompanied by explanations of other benefits which only apply to the old hires. The proposed ordinances would move the benefit language to another section of the Code, ar,d specifically clarify that it applies to all police officers, regardless of hire date or pension plan. The proposed ordinances will also change the funding mechanism and accounting for the benefit . The City has always been r~ponsible for fully financing the benefit. This h-been accomplished through the City's cont:nbutions to the old hire police pension plan, whicl1 are determined actuarially . The proposed amendment w ould still require full funding from the City, but the City would pay for the benefit through the Self-Insurance Fund, rather than through the Old Hire P lice Pension Plan . FINANCIAL IMPACT The City will feel no financial impact since it has always full y funded the 20% Supplemental Disability benefit. The Old Hire Police Pension Plan will reap a benefit. The actuarial liability. for potential future disability payments will no longer need to be calculated as a financial liability of the plan. Therefore, the plans' unfunded liability will be lessened , and the financial position of the pension plan will be improved. •