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HomeMy WebLinkAbout1994 Ordinance No. 0271 OE -~ BY AUTHORITY ORDINANCE NO J.i SERIES OF 1994 COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AMENDING TITLE 3, CHAPl'ER 8, SECTION 1, SUBSECTIONS 2 AND 3, OF THE ENGLEWOOD MUNICIPAL CODE, 1985 ESI'ABLISHING THE SELF- INSURANCE FUND FOR PAYMENT OF 20% SUPPLEMENTAL DISABILITY BENEFITS FOR QUALIFYING ENGLEWOOD FIREFIGHTERS. WHEREAS, the Firefighters Benefit Fund existed for the purposes or paying the 20% Supplemental Di sability payments lo eligible firefighters and r erunding contributions to ve sted members of the Firefighter Per.,,ion Plan; and WHEREAS, there is a need lo separate from th e Firefighters Pension Fund the 20% Supplemental Disability Benefits which may be drawn by all Englewood Firefighters which includes both Old Hire and New Hire Firefighters; and WHEREAS, Supplemental Disability Funds have been placed in the Firefighters Pen sion Plan ; and WHEREAS, the Supplemental Disabili ty Funds currently in the Firefighters Pen sion Fund wi ll remain in such fond but will be used lo pay benefits or current recipients or the 20% Supple mental Disabil ity Benefit by monthly transrer or fonds lo the new Health Selr- ln suran ce Fund; and WHEREAS , new recipients or the 20% Supplemental Di sabi lity Benefit will be paid from the Health Selr-lnsurance Fund and the Firefighters Pension Fund will have no liability to new r ecipi ents and the balance or the Supplemental Disabili ty Benefit r emaining in th e Pen sion Fund afte r all current recipients have ceased receiving such bene fit will be used to reduce the un funded liability in the Firefighters Pension Fund : and WHEREAS, the Firefighters Ass0<:iation and Fire Pension Board does not, by agreeing to the proposed changes in the Englewood Municipal Cede, waive any legal or pr0<:edural r ight relating lo their pension or em ployee em ployment benefits under C.RS. 31 -30-417, and the Ci ty agrees not to argue in any future legal proceeding that approval or this ac tion by the Firefighte rs constitute su ch a waiver; NOW , T HEREFORE,'""". IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COi •·· ADO, AS FOLLOWS : S!:tl..iJin..l . The L 61ewood City Council h ereby authorizes paym ent by the City or Englewood from the Selr-lnsurance Fund for certain d isabiliti es by amending Title 3, Chapter 8, Section l , Subsections 2 and 3, or the Englewood Mun ici pal Code, 1985 which sh all read as fo ]I ows : 3-8-1-2: FIREFIGHTERS" BE NEFIT FUN D: A. Th er e hereby is created a special rund lo be known as the "Firefighters' Benefit Fund" for the purpose of refunding accumulated contributions lo those firefigh ters coming within the pro ,'1 sicm s of this Section ., and to p1ovjde those fuuds nect!i!illi) to P") the beaefits em'tti•~ t<> !1rel1r;hte1 •· pursllOnt to the te,.,,,, of thi• Seetio•. -1 - 3 -8 -1-3: PERMANENT DISABILITY BENEFITS : A . In order to supplement the income of any firefighter, who , a s a ruult of injury or illn ess, ia rendered permanently disabled, there shall be paid to ■uch officer, out of the F'ireflghtere' Beneflt F'und SELF-INSURANCE FUND, DEFINED IN TITLE 4, CHAPTER 3, SECTION 7, OF THE ENGLEWOOD MUNICIPAL CODE 1985, a monthly ben efit equa l to Twenty percent (20%) of his/HER base aalary plus longevity, which he/SHE was making at the time that he/SHE incurred such d isability. Such paym ent shall be in additi on to any benefita payable to the fir efight er from th e sta tutory Firemen 's Pen sion •·und . B. In order to be eligibl e to r ece ive such payment, the firefigh ter mu at, at the time of hi s/H ER applicat ion therefor, be permanently disabled from performing the duties of an y occ upation for which the firefighter, by reason of his education , training and e xpe rie nc e, wo uld be ca pable of performing but for the injury or illness invol ved. In determ in ing wh ether any firefigh ter i s so permanently disabled, an y di s abil ity , and a ny known inju ry or illn ess, wh ic h pre-existed th e firefi ghter'a employm e nt with th e City, sh a ll be di sregard ed . C . Paym e nt to th e firefi ghte r of such be nefi ts shall continue an mo nthly basis, subject to the fo ll owi ng conditions: I. Payment of such ben efi ts ahall cease t•pon the date that the firefigh ter woul d have beer,, b ut fo r his/HER disability, el igibl e to receive normal , nondi sability r et ir ement benefits from the Firefighter s' Pension Fund. 2 . Payment of such benefits sh all cease should it be subsequently determin,,d that, by reason or retraining, improvem ent in condition , or for any oth e r rea son , th e fir efigh ter is no longer pe rm anently di sabled from p e rfo rming th e duties of any occu pa tion for wh ich he/SHE is qualified ; and 3 . There shall be deducted from th e a mou nts payable hereunder an amount equal t o any inco me earn ed by the firefighter a s a re sult of per so nal servi ces (ei ther a s an employ ee of another or on his/HER own beh a lO . D . Th e Firemen 's Pen sion Board i s h ereby granted the authority and jurisdiction to issue regul ations, not incon sisten'.: "i th th e t e rms hereof, designed to carry out th e purpose of t.hi s Sect io n, and to ii o]d hearina:s, take evide nc e, re ce ive information a nd t o mak e final and binding deci sion s , awards and re solutions r especting the eligibili ty of firefighter s for initial a nd continued payment of benefits h er eunder . E . THE MONTHLY AMOUNTS NE CES SARY T O PAY 20% SUPPLEMENTAL DISABIL ITY BE NEFITS PREVIO USLY AWARDED AND FU NDED THRt: T HE FIREFIGHTERS BENEFIT FUND SHALL BE TRANSFERRED FROM THE FIREFIGHTERS RETIREME NT FUND TO TH E SELF-INSURANCE FUND ON A MONTHLY BASIS . THE BALANCE OF S U PPLEMENTAL DISABILITY BE NE FIT RE~W NI NG IN THE PENSIO N FUND AFI'ER ALL CURRENT RE C IPIE1"TS HAVE 'CEASED RECEMNG S UCH BENEFITS, WILL BE USED TO RED UCE THE UN FUNDED LIABILITY IN THE "OLD HIRE" FIREFIGHTERS PE NSION FUNU . FUTURE AWARDS WILL BE PAID DIRECTLY FROM THE S E LF -INSURA..>IC E F UN D. -2 - 1994 . Introduced, read in full, and passed on fint reading on the 6th day of June, 1994 . Published as a Bill for an Ordinance on the 9th day of June, 1994. Read by title and passed on final reading on the 20th day of June, 1994 . Published by title a s Ordinance No . .lJ, Series of 1994, on the 23 rd day of June, / 11'~ ~ . ~Ir.A ~ A.Ellis,City Clerk I, Lou cri shia A. Ellis, City Clerk of the City of Engl ewood, Colorado, hereby certify that the abo\'e an d foregoi ng is a true copy of the Ordinance passed on final re nding nnd publ is hed by title as Ordinance No . J.J, Seri es of 1994 . ~dtdf(/1; ~l..ocrishia A. Ellis -3- Date June 6, 1994 INfTIA TED BY STAFF SOURCE COUNCil. COMMUNICATION Agenda Item 12 ° Firefigh te rs Pension Board Subject Firefighters 20% Supplemental Disability Pensions Lorraine Hayes, Director of Financial Services -----· ----------------------------- IS.5UF./ACTIONPROPOSED -Tre Firefighters Pension Board req uests that City Council ,,d Oj)t an ordinance which would establis h the City of Englewood 's Self-Insurance Fund as the ·,neans through which the City finan ces this benefit , rather than through the Old Hire Filefighters Pension Plan . PREVIOUS COUNCil. ACTION Co uncil approved similar changes for the Police Officers' Pension Fund on August 2, 1993. Ordinance No. 44 , Series of 1993, allows the Self-Insurance Fund to make 20 % supplemental disability payments for firefighters and police officers . BACKGROUND The Firefighters 20% Supplemental Disability Pension provides income to all En6 1ewood firefighte rs, rega rdless of hire date or pension plan, w ho are permanently disabled from performing the duties of any occupation for which they are qualified . It supplements the disability payments provi ded through the FPPA, which typically amount to 50 % of the di sabled officer's pay at t'.,~ time of the disability . The proposed ordinance will change the funding mechanism and accounting for the benefit. The Ci ty has alwa ys been responsible for full y financing the benefit. This has been A accomplished through the City's contributions to the old hire firefighters pension plan, W wh ich are d etermined actuarially. The proposed amendment would 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 Firefighters Pension Plan. FINANCIAL IMPACT The Old Hire Firefighters Pension Plan will reap a benefit. The actuarial liability for -. ;,otential future disability payments will no longer need to be calculated as a financial liability of the plan. Therefore , the plan's unfunded liability will be lessened , and the financial position of the pension plan will be improved . The City will continue to fully fund the benefit.