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Home My WebLink About1998 Ordinance No. 034..... "'' • • • ORDINANCE NO .!i/- SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO . 23 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AMENDING TITLE 3 , CHAPTER 7, SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING TITLE 3 , CHAPTER 7, SECTION 2 AND ENACTING A NEW TITLE 3 , CHAPTER 7 , SECTION 2 , ENTITLED SUPPLEMENTAL DISABILITY BENEFITS WHICH PERTAINS TO DISABILITY BENEFITS FOR POLICE OFFICERS'. WHEREAS , the City Council of the City of Englewood , Colorado authorized the passage of Ordinance No . 42 , Series of 1993 and Ordinance No. 38 , Series of 1997 implementing the current E.M.C. 3-7-2 -Permanent Disability Benefits; and WHEREAS , the supplemental disability benefit for police officers has been in place for over 20 years and has been the s ubj ect of numerous Pension Board discussions ; and WHEREAS , the Englewood Police Officer's Pension Board voted to approve these change s on April 9 , 1998 ; and WHEREAS , the passage of this ordinance will authorize the formation of a new board to administer this benefit based on clearly defined criteria ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. The City Council of the City of Englewood , Colorado hereby repeals Title 3 , Chapter 7, Section 2, entitled "Permanent Disability Benefits ," of the Englewood Municipal Code 1985 , and enacts a new Chapter 3, Chapter 7 , Section 2, entitled "Supplemental Disability Benefits" which shall read as follows: 3-7-2: SUPPLEMENTAL DISABILITY BENEFITS: A. IN ORDER TO SUPPLEMENT THE INCOME OF ANY POLICE OFFICER, WHO , AS A RESULT OF INJU RY OR ILLNESS , RECEIVES AN OCCUPATIONAL OR TOTAL DISABILITY FROM THE FIRE AND POLICE PENSION ASSOCIATION SHALL RECEIVE A MONTHLY BENEFIT PAID FROM THE "SELF-INSURANCE FUND ," DEFINED IN TITLE 4 , CHAPTER 3 , SECTION 7 OF THIS CODE , AS DETERMINED IN THIS SECTION. B . ANY POLICE OFFICER HIRED PRIOR TO APRIL 8 , 1978 RECEIVING AN OCCUPATIONAL OR TOTAL DISABILITY FROM THE FIRE AND POLICE PENSION ASSOCIATION SHALL RECEIVE TWENTY PERCENT (20 %) OF THE BASE SALARY PLUS LONGEVITY THE POLICE OFFICER WAS EARNING WHEN THE DISABILITY WAS AW ARD ED . THE BENEFIT PAYMENT SHALL BE IN ADDITION TO ANY BENEFITS PAYABLE TO THE POLICE OFFICER FROM THE STATUTORY POLICE OFFICERS' PENSION FUND . 10 b iv C . ANY POLICE OFFICER HIRED ON OR AFTER APRIL 8 , 1978 RECEIVING • AN OCCUPATIONAL DISABILITY FROM THE FIRE AND POLICE PENSION ASSOCIATION SHALL RECEIVE TEN PERCENT (10 %) OF THE BASE SALARY PLUS LONGEVITY THE POLICE OFFICER WAS EARNING WHEN THE DISABILITY WAS AWARDED. THE BENEFIT PAYMENT SHALL BE IN ADDITION TO ANY BENEFITS PAYABLE TO THE POLICE OFFICER FROM THE STATUTORY POLICE OFFICERS' PENSION FUND. D. ANY POLICE OFFICER HIRED ON OR AFTER APRIL 8 , 1978 RECEIVING A TOTAL DISABILITY FROM THE FIRE AND POLICE PENSION ASSOCIATION SHALL RECEIVE TWENTY PERCENT (20 %) OF THE BASE SALARY PLUS LONGEVITY THE POLICE OFFICER WAS EARNING WHEN THE DISABILITY WAS AWARDED . THE BENEFIT PAYMENT SHALL BE IN ADDITION TO ANY BENEFITS PAYABLE TO THE POLICE OFFICER FROM THE STATUTORY POLICE OFFICERS ' PENSION FUND . E. BENEFITS FROM THIS SECTION SHALL BE REDUCED IF A POLICE OFFICER HAS EARNED ANY INCOME OTHER THAN THAT PROVIDED BY A DISABILITY BENEFIT, AND IF APPLICABLE , A WORKERS ' COMPENSATION AWARD THAT PROVIDES A TOTAL INCOME GREATER THAN AN AMOUNT EQUAL TO ONE HUNDRED PERCENT (100%) OF THE BASE SALARY PROVIDED TO AN ACTIVE POLICE OFFICER OF THE SAME RANK AT WHICH THE POLICE OFFICER RETIRED , THE DISABILITY BENEFIT SHALL BE REDUCED BY TWENTY-FIVE PERCENT (25%) OF THE ADDITIONAL EARNED INCOME. F . ALL BENEFITS FROM THIS SECTION SHALL CEASE IF THE POLICE • OFFICER CEASES TO QUALIFY FOR AN OCCUPATIONAL OR TOTAL DISABILITY FROM THE FIRE AND POLICE PENSION ASSOCIATION. G. ALL BENEFITS FROM THIS SECTION SHALL BE SUSPENDED OR CEASE IF THE POLICE OFFICER FAILS TO PROVIDE ANY INFORMATION REQUESTED BY THE SAFETY SERVICES SUPPLEMENTAL DISABILITY BOARD BY THE DATE INDICATED ON THE REQUEST. H. ALL BENEFITS FROM THIS SECTION SHALL CEASE ON THE POLICE OFFICER'S NORMAL RETIREMENT DATE. I. A SAFETY SERVICES SUPPLEMENTAL DISABILITY BOARD SHALL BE CREATED AND COMPOSED OF TWO ELECTED MEMBERS FROM THE FIREFIGHTER RANKS CHOSEN BY A MAJORITY OF THE FIRE DIVISION FOR A THREE (3) YEAR TERM ; TWO ELECTED MEMBERS FROM THE POLICE RANKS CHOSEN BY A MAJORITY OF THE POLICE DIVISION FOR A THREE (3) YEAR TERM ; ONE CITIZEN BOARD MEMBER FROM THE POLICE PENSION BOARD ; ONE CITIZEN BOARD MEMBER FROM THE FIREFIGHTERS PENSION BOARD ; THE FINANCIAL SERVICES DIRECTOR OF THE CITY OF ENGLEWOOD , AND THE MAYOR OF THE CITY OF ENGLEWOOD. FIVE MEMBERS SHALL CONSTITUTE A QUORUM FOR CONDUCTING ANY BOARD BUSINESS . THE SAFETY SERVICES SUPPLEMENTAL DISABILITY BOARD IS GRANTED THE AU THORITY TO ISSUE REGULATIONS NOT INCONSISTENT WITH THE TERMS OF THIS • SECTION, DESIGNED TO CARRY OUT THE PURPOSE OF THIS SECTION, AND TO HOLD HEARINGS , TAKE EVIDENCE , RECEIVE INFORMATION, 2 . , ' • • • J. K. AND TO MAKE FINAL AND BINDING DECISIONS , AW ARDS AND RESOLUTIONS RESPECTING THE ELIGIBILITY OF APPLICANTS FOR INITIALAND CONTINUED PAYMENT OF SUPPLEMENTAL BENEFITS . THE SAFETY SERVICES SUPPLEMENTAL DISABILITY BOARD SHALL ELECT A CHAIRPERSON FROM ITS MEMBERS TO PRESIDE OVER MEETINGS AND CONDUCT OTHER BOARD BUSINESS NOT INCONSISTENT WITH THE TERMS OF THIS SECTION. THE SAFETY SERVICES SUPPLEMENTAL DISABILITY BOARD SHALL BE REQUIRED TO MEET ONLY WHEN APPLICATION FOR BENEFITS ARE MADE OR AS DETERMINED BY THE CHAIRPERSON OF THE BOARD. Section 2. This Section shall govern employees receiving a disability determination from F .P.P.A . on or after January 1, 1998 . Section 3. Safety Clauses. The City Council, hereby finds, determines, and declares that this Ordinance is promulgated unde r the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of t he public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severability. If any clause , sentence, paragraph, or part of this Ordinance or the application thereof to any perso n or circumstances shall for any reason be adjudged by a court of co mpetent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5. Inconsistent Ordinances . Nothing herein contained shall be deemed a waiver of the provisions of any other Code section or regulation applicable to landscaping. If there is a conflict between the regulations in this Section and any other Code section or regulations , the more stringent regulations shall apply. Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty , forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits , proceedings , and prosecutions for the enforcement of the penalty, forfeiture , or liability , as w ell as for the purpose of sustaining any judgment, decree , or order which can or may be r e nde red, entered, or m a de in such actions, suits, proceedings , or prosecutions . Section 7 . Penaltv. The Penalty Provision of E.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance . Introduced, read in full , and pas sed on first reading on the 4th day of May, 1998 . 3 Published as a Bill for an Ordinance on the 8th day of May, 1998. Read by title and passed on final reading on the 18th day of May, 1998 . Published by title as Ordinance No . .3!j., Series of 1998, on the 22nd day of May, 1998. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true cop~ 'lf the Ordinance passed on final reading and published by title as Ordinance No. IL:f: Series of 1998. Loucrishia A. Ellis 4 ... ~ ..... '"' ' .. '·'""- • • • ... COUNCIL COMMUNICATION Date Agenda Item Subject A bill for an ordinance implementing changes to supplemental benefits for the City of Englewood's Police May 4, 1998 10 a iii Officers Initiated By Staff Source Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has studied this issue at numerous study sessions, including a study session held on April 20, 1998 where Council gave staff direction to proceed with this bill for an ordinance. The Council adopted changes to this benefit in 1997 when they approved Ordinance 38, Series of 1997 on final reading May 19, 1997. RECOMMENDED ACTION Staff recommends that City Council approve the attached bill for an ordinance. • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • The supplemental disability benefit for police officers has been in place for over 20 years. The be n efit has been the subject of numerous Pension Board discussions. The original ordinance was not clear in its definition to objectively award this benefit. This ordinance forms a new board to administer this benefit based on clearly defined criteria. The Police Officers and Firefighters Pension Boards worked with Financial Services staff, the City Attorney, and the City 's actuary to draft this ordinance. Both Boards voted in the affirmative to present the draft ordinance to City Council for approval. Other alternatives City Council may consider are to take no action or draft another ordinance. FINANCIAL IMPACT This action increases the total actuarially determined estimated cost to the City by an estimated $1,000 per year. The current actuarially determined estimate of the benefit is $26 ,000 per year for both police and firefighters. The proposed changes will cost the City $27,000 per year for both police and firefighters . A separate resolution will transfer the funds to adequately fund the estimated cost of this benefit for 25 years . The present value of $27 ,000 per year for 25 years at 5.5 percent interest is $363,000. These funds will be transferred to the Self Insurance Fund and reserved (along with any earnings) for the payment of this benefit. LIST OF ATTACHMENTS Proposed bill for an ordinance