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Home My WebLink About1994 Ordinance No. 066• • • ORDINANCE NO. Jak SERIES OF 1994 BY AUTHORITY COUNCIL BlLT, NO. 97 INTRODUCED BY COUNCIL MEMBBJl HATHAWAY AN ORDINANCE AMENDING TITLE 3, CHAPI'ER 8, BY DELETING SUBSECTION 2, AND RENUMBERING SUBSECTIONS 3, 4, 5, AND 6, OF THE ENGLEWOOD MUNICIPAL CODE 1985 RELATING TO THE FIREFIGHTERS' 2°" SUPPLEMENTAL BENEFIT. WHEREAS, Ordw •ce No. 27, Series of UHM , utabli ■hed a ■pecia] fund for payment of permanent disability I>.. '!fit■ to Enclowoocl Firel!,hton; and WHEREAS, theae ■um ■ are beinc paid from tho City'■ Solf-In ■urance Fund a ■ defined in Title -4 , Chapter 3, Sect...n, EMC 1985; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : ~ The Englewoocl City Council hereby amenda Title 3, Chapter 8, by deleting Suboection 2 and renumbering Suboection1 3, 4, 5, and 6, of the Eni)ewoocl Municipal Code, 1985 to read u foilows: 3-8 -1: FlREFIGHTERS' PENSION -MiD-11:sNBffl FUNilB' AND PERMANENT DISABILITY BENEFITS : 3-S.1-1: l'IREIIBH'B FIREl.'IGHTERS' PENSION FUND : Cor.amencing on January 1, 1977, there lhal1 be deducted from the monthly wary of-hand ne,y paid member of the Englewood Fire Division a sum equal to five percent (5'll,) of 11.ud member'• monthly salary purauant to Part -4, Alticle SO, Title 31 Colorado Reviled Statutos, 1973, which IWD lhall be deposited in the City'•~ FIREFIGHTERS' Pension Fund. (Ord. 18 Serit1 1990) &3+1!: l'JRBl'IG1R'EBB' BBNBl'IT l'm!D: A. There herei,, is created a epeeial t;u,d • 1,e lmown ae 11,e "l'i,eli&ht,ere' Be•efit F'lu,d• for 11,e pm peae of refttndinc •••-lllat,ed eenl:rihlltion1 • llloee firofi~t,ers eomiuc witkin t:he prorisier.s efYlis Beetion . ~: 3-8-1 -2: PERMANENTDJSABD.ITYBENEFITS: A . In inler to supplement tho income of any fi refieht,,r, who, u a result of ir\jury or illroeas, is rendered p•,nnanently disabled, there shall be paic! to such officer, out of th • Self.Insu: ~c• '.'\:u,d, defined in Title 4, Chapter 3, Section 7, of the Englewood U unicipal Codt ·gr,5, a monthly benefit equal to Twenty percent (20%) of his/her base salary plus lon •. evity, which he/she wr,s ........itittc EARNING at the time that h&'she incurred such disability. Such payment shall be in addiuon to any ~ne6ta p~yahle to the firefighter from the statutory-~ FIREFIGHTERS' Pension Fund . B . Ir • onler to be eligible to receiv, ·uch payment, the firefighter muat, at the time of hi \lher application thtreforE, be permanently disabled from performina the duties of any occupauon for which the firefighter, by reason of his/her education , training and ex perience, would be capable of performing but for the irtjury or illneaa involved . In -1 - detennlninc whether any lireflchter l1 10 permanently di ■abled, any di ■ability, and any known i'liury or illneu, which pre-elri ■ted the firefichter'■ emplO)'lllent with the City, ■hall be di ■reprdecl . • C . Payment to the flrtflchter or auch benefita ■hall continue on A monthly bui ■, subject to the following condition ■: 1. Payment or ■uch benelita ■b'.111 cea ■e upon the date that the firefi8'>ter would have been, but foe hi ■lher da llbility, elicible to recei ve normal, nondi ■ability retirement l,anefita m,m the Firefighters' Pension Fund. 2 . Payment of auch benefita shall cease should it be aubeequently dotarminod that, by rea ■o!I or ntnininc, improvement in condition, or for any other reaaon, the fireflchter i1 no longer permanently di ■abled from pen'orming the duties of any occupation for which he/■he ia qualified; and 3. There shall be deducted mm the amounta payiule '1ereund•: ""amount equal to any income earned by the firefichter u a reault or penonal services (either u an employee of another or on hiliher own behalf). D . The ~ FIREFIGHTERS' Per ,ion Board is hereby granted the authority and jurisdiction to fosue regulations, not inconsi ■tent with the terma hereof, desicnecl to carry out the pv.,poae or thia Section, and to hold hearings, take evidence, receive information a:nd to make final and binding decision,, award ■ and reoolutions respectin,. the eligibility of firefiehters for initial and continued ~t or benefita hereund\;r. E . The monthly amounts necessa,y to pay i9'11, s,.pl...,enlal THE PElulANENT Disability Benefita previoualy awarded and flfflded t!Hct the Pirenchlen Benef;t FttM shall be transferred from the Firefichters' ·.lletmment PENSION Fund to the Self-Insurance Fund. on a month!, haeio . The bi.1ance cf &,.pie-ma! B;eal,i!;t, Benefit FUNDS remaining in the Pension Fund al1er all current recipienta have ceased rece iving such benefits, will be used to reduce the unfunded liability in the "81d Hire" Firefighters' Pt:nsion Fund. Future awardi will be paid directly from the Self-Insurance Fund. a.&+-4 : 3-8-1-3: RETIREMENT BENEFITS: Any member of the Fire E>i,;■ion FIREFIGHTER who has attained the age or fifty (50) years and hu twenty (20) or more years of service ah•II be eligible t.o receive a service retirement pension based on the employees final base pay, allowing two and one-half percent (2 112%) for each of the first twenty (20) years of credited service, plua one percent (l'l,) for each additional year of credited service, to a malrimum of sixty-five percent (65'l,). Calculating the base pay mean, the amount ofhiallfER monthly ■alary u of the date of his retirement. Pension paymenta shall be made in equal monthly installments to the member. (Ord . 18 S -ies 1990) 3-8-1-6 : 3-8-1-4 : LEAVING SER\ , CE PRIOR TO ELIGIBllJTY: Should ""Y member of the Fire Division leave the se ., , of the City prior to becoming eligible to receive a pension payable from the -i .......,,. FIREFIGHTERS' Pension Fund, for any reason other than death, ann '8id member has leH than fiv · (5) years of credited service at termination, u 'i fl fighter ,h,11 be entitled to . refund ofhi ■IHER accumulated contributior ,f ', ') the Englewood--Ffloetnen!t FIREFIGHTERS' Pension Fund. The term ac= •lated contributions shall mean the aum of said ttfffftt1H FIREFIGHTERS' co> ~bution to the ~nen!o -2-• • • • FIREFIGHTERS' Pen lion hnd topther with interut, If any, thereon, u ma,y be determined by the B-d ef'l'rwiMe ■ ef Mid l'mHI: FIREFIGHTERS' PENSION BOARD. A . Def'emd monthly ben•fit payable beginninc at ap fifty (ISO) ,!,ued upon the membor's final base pay, allowing two and one-half percent U 112%) for each of the first twenty (20) yean of credited servioe plua 0110 percent (l'I,) for each additional year to a maximum of aixty-five percent (65%) of base pay; or B. Receive a refund ofhia/HER accumulated contributions as se• out above. (Ord. 18 Series 1990) 3-8-+6: 3-8-1-5: VOLUNTEER FIREFIGHTERS' PENSION FUND: A. There is hereby created a spec:ia) fund to be known u the Volunteer Firefighters' Pension Fund for the pur;,ose of paying statutory benefits to volunteer firefight.en under conditions as proyjded by Title 31 , Article 30, Part 4, Colorado Revised Statutes, 1973. B . Benefits for all volunteer-ftf'eMeft FIREFIGHTERS retired 'iefore December 31, 1974 , shall be expended from fiuuh received from the State UJ"Colorado in the annual allotment provi ded in Title 31, Article 30, Part 4, Colorado Reviled Statutes, 1973. An annual determination shall be made of the nece11ary allocation of the allotment between the Volunteer Finfichters" Pension Fund and the regular F'lrefighten' Pension Fund. C . Beginning January ·,, 1975, the City shall make contribution, to the Volunteer Firefiehters' Pension Fund as determined necessary to annually fund the pen sion benefit accumulations of the volunteers. The contribution shall be based on an actuarial study to be done at least every three (3) yean. Pension benefits to volunteers retiring after January 1, 1975, will be paid from these contributions. (Ord. 18 Series 1990) Introduced, read in full, and passed on first reading on the 5th day of December, 1994 . Published as a Bill for an Ordinance on the 8th day of December, 1994. Read by title and passed on final reading on the 19th day of December, 1994. Published by title as Ordinance No.~. Series of 1994, on the 22nd day of De cember, 1994 . ~(lh Loucri shia A. Elli s, City Cl erk -3- I, Loucrilhia A. Elli■, City Clerk a( the City o( Et.ciewood, Colondo, herel,~• cert.if:, that • the above ond (oregoine i1 a true copy or the Ordinance paued on final readinc and _._,.,,.,,p....,e•••.<&."'"•~•m. ~(1. Loucri■hia A. Ellis • • -4 - • • • COUNCIL COMMUNICATION Date Agenda Item Subject December 5, 1994 Amend Title 3, Chapter 8, Section 1 , Subseeti.in 2 of the 14 i City of Englewood Municipal Code Initiated By Staff Source Department of Financial Services Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Counc il approved Ord inance 27 , Seri es of 1994 establishing the City's Sell-Insu rance Fund as the fin ancial ve hi cle to pay Firefighters' Pe rmanent Disab ility Benefits. RECOMMENDED ACTION Stall proposas Counc il approve a bill for ord inance amending Title 3. Secti on 1, :3ubsection 2 of the Englewood Municipal Code . The establishment of a special fund is no longer required as the Firefighters' Permanent Disability Benefit is being paid from the City's Self-Insurance Fund as defined in Title 4 , Chapter 3, Section 7. of the Englewood Mun icipal Code . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Pr ior to the passage of Ord inance 27. Ser ies of 1994, the Firefig hters' Permanent Disability Benefit payments were made from the Firefighters' Pens ion Fund. This bene fi t was never intended to be paid from this fund . Ordinance 2'i . Series of 1994 was approved by Council to correct the error . The Counc il approved Ordinance 27 . Ser ies of 1994 which establ ished the Self-Insurance Fund as the financ ial veh icle to pay the Firefighters ' Permanent Disab ility Benefit . The ordinan ce includ,d language creating a "F irefighters' Benefit Fund.· The Firefighters' Benefit Fund is unnecessary , and should be removed from Code . No alternati, as have been identified by stall. FINANCIAL IMPACT None LIST OF ATTACHIVI :NTS