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HomeMy WebLinkAbout1997 Ordinance No. 038' . ,,,,.. J ORDINANCE NO. ?Jf_ SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AMENDING TITLE 3, CHAPTER 7, SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO POLICE OFFICER PERMANENT DISABILITY BENEFITS. WHEREAS, for all police officers hired on or after January 1, 1997, the State of Colorado has mandated that the contribution toward the cost of death and disability pension benefit shall no longer be paid by the State of Colorado, but shall be paid through the local jurisdiction; and WHEREAS, Section 31-31-811 (4) of the Colorado Revised Statutes requires that the determination regarding the assessment for the cost of death and disability pension for police officers hired on or after January 1, 1997 shall be made at the local level; and WHEREAS, pursuant to Section 31-31-811 (4) of the Colorado Revised Statutes, representatives of the City conferred with representatives of the police officers regarding how funding of the death and disability pension for police officers hired on or after January 1, 1997 is to be assessed; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section l. The City Council of the City of Englewood, Colorado hereby authorizes the amending of Title 3, Chapter 7, Section 2, of the Englewood Municipal Code 1985 to read as follows : 3-7-2: PERMANENT DISABILITY BENEFITS: A . In order to supplement the ineome of filly poliee offieer regardless of hire date or pension plan ·.vho, as a result of injury or illness, IN ORDER TO SUPPLEMENT THE INCOME OF ANY POLICE OFFICER HIRED ON OR BEFORE DECEMBER 31, 1996 WHO, AS A RESULT OF INJURY OR ILLNESS, is rendered permanently disabled, there shall be paid to such officer, out of the Self-Insurance Fund defined in Title 4, Chapter 3, Section 7, of the Englewood Municipal Code 1985, a monthly benefit equal to twenty percent (20%) of his/her base salary plus longevity which he/she was making at the time that he/she incurred such disability. Such payment shall be in addition to any benefits payable to the officer from the statutory Police Pension Fund or the City's Police Pension Plan . B . In order to be eligible to receive such payment, the officer must, at the time of his/her application therefor, be permanently disabled from performing the duties of any occupation. for 'tvhieh the offieer, by reason of his/her edueation, training lill:d experieaee, ·.vould be eapable of performing, but for -1- 11 b ii the injury or illness involved. In determining whether any offieer is so permanently disabled, a disability and any known injury or illness whieh pre existed the offieer's employment with the City, shall be disregarded. C. THE STANDARDS APPLIED BY THE POLICE PENSION BOARD IN DETERMINING WHETHER A POLICE OFFICER IS PERMANENTLY DISABLED FROM PERFORMING THE DUTIES OF ANY OCCUPATION AS SPECIFIED IN SUBSECTION B SHALL BE AT LEAST THE SAME AS THOSE STANDARDS APPLIED BY THE STATE BOARD IN DETERMINING PERMANENT TOTAL DISABILITY AND AN INDEPENDENT MEDICAL VERIFICATION OF SUCH DISABILITY MUST BE PROVIDED BY A PHYSICIAN DESIGNATED BY THE CITY. G-:D. Payment to the officer of such benefits shall continue on a monthly basis, subject to the following conditions: 1 . Payment of such benefits shall cease upon the date that the officer would have been, but for his/her disability, eligible to receive normal, nondisability retirement benefits from the Statutory Police Pension Fund or the City's Police Pension Plan; 2. Payment of such benefits shall cease should it be subsequently determined that, by reason of retraining, improvement in condition, or for any other reason, the officer is no longer permanently disabled from performing the duties of any occupation for which he/she is qualified; and 3. There shall be deducted from the amounts payable hereunder an amount equal to any income earned by the officer as a result of personal services (either as an employee of another or on his/her own behalf). B-.E. The Police Pension Board is hereby granted the authority and jurisdiction to issue regulations, not inconsistent with the terms hereof, designed to carry out the purpose of this Section, and to hold hearings, take evidence, receive information and to make final and binding decisions , awards and resolutions respecting the eligibility of officers for initial, and continued, payment of benefits hereunder. F . FOR POLICE OFFICERS HIRED ON OR AFTER JANUARY 1, 1997, THE CONTRIBUTION REQUIRED BY SECTION 31-31-811 (4), C.R.S., SHALL BE ASSESSED EQUALLY AGAINST THE CITY AND SUCH OFFICER SO THAT FIFTY PERCENT (50%) OF THE CONTRIBUTION IS REQUIRED BY THE STATE SHALL BE ASSESSED AGAINST THE OFFICER AND FIFTY PERCENT (50%) SHALL BE ASSESSED AGAINST THE CITY. Introduced, read in full, and passed on first reading on the 5th day of May, 1997 . -2- Published as a Bill for an Ordinance on the 8th day of May, 1997. Read by title and passed on final reading on the 19th day of May, 1997. Published by title as Ordinance No. 3t, Series of 1997, on the 22nd day of May, 1997. ~d& Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy ,(}}.}he Ordinance passed on final reading and published by title as Ordinance No .~' Series of 1 97 . Loucrishia A. Ellis -3- . •·1 ',. : .. ' .. COUNCIL COMMUNICATION Date Agenda Item Subject May 5, 1997 Bill for an ordinance making 10 a iv changes to Title 3, Chapter 7, Police Officers Pension Fund and Permanent Disability Benefits. Initiated By Staff Source Administrative Services Department Martin Semple, Attorney at Law Financial Services Department COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This bill for an ordinance makes changes Title 3 , Chapter 7, Police Officers Pension Fund and Permanent Disability Benefits. City Council discussed these changes to the City Code at an executive session on March 17, 1997. RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Prior to January 1, 1997, the State of Colorado paid for, and administered the statewide death and disability program for police officers and firefighters . All death and disability premiums for police officers and firefighters hired after January 1, 1997, must be funded by the employee, entity, or some combination to the two . In conjunction with these changes, staff researched other City of Englewood disability related benefits which led to the changes made by this bill for an ordinance . This bill for an ordinance addresses the fifty-fifty split of the funding for future police officers death and disability .:remiums, and the cut-off date for eligibility for the twenty percent (20%) supplemental disability discussed below. Under 3-7-1-2 of the City of Englewood Code , a police officer "who, as a result of injury or illness, is rendered permanently disabled, there shall be paid to such officer, out of the "Self-Insurance Fund", defined in Title 4, Chapter 3, Section 7, of this Code, a monthly benefit equal to twenty percent (20%) of his/her base salary plus longevity, which he/she was earning at the time that he/she incurred such disability. Such payment shall be in addition to any benefits payable to the police officer from the statutory Police Officers Pension Fund." This benefit is administered by the Police Officers Pension Board. Also, 3-7-2-B provides that the police "officer must, at the time of his/her application therefor, be permanently disabled from performing the duties of any occupation for which the police officer, by reason of his/her education, training and experience, would be capable of performing but for the injury or illness involved." This language has led to various conclusions and interpretations. The language "for which the police officer, by reason of his/her education, training and experience , would be capable of perfonning but for the injury or illness involved" has been removed. The standard in determining whether a police officer qualifies for the twenty percent benefit is addressed in the proposed 3-7-2-B. The standard is at a minimum the same as that used by the State Board in determining permanent total disability and requires an independent medical verification of the disability must be provided by a physician designated by the City. Hopefully, these changes will clarify the standards in awarding this supplemental benefit. FINANCIAL IMPACT There are no present and direct financial impacts regarding these Code changes. LIST OF ATTACHMENTS Copy of bill for an ordinance 1 .)lf li... ... "~ ,. '