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Home My WebLink About1999 Ordinance No. 049. " ' • • • ORDINANCE NO . ii_ SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AMENDING TITLE 3, CHAPTER 8, SECTION 1, SUBSECTIONS 3, 4 AND 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS , City Council is considering C. B . 48, Series of 1999, simultaneously with this Ordinance; and WHEREAS , C. B . 48, Series of 1999 , allows the adoption of an amended Englewood Firefighters' Pension Plan to comply with State Statutes, Federal guidelines and to provide a Deferred Retirement Option Plan (DROP) benefit for the participants of this Plan; and WHEREAS , C. B. 48 , Series of 1999 , also provides plan participants the option of participating in a Deferred Retirement Option Plan (DROP); and WHEREAS , this Ordinance would clarify that retirement benefits and the qualifications for those benefits are provided in a separate plan; 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 amends Title 3, Chapter 8 , Section 1, Subsections 3, 4 and 5, of the Englewood Municipal Code , to read as follows: 3-8-1-3: RETIREMENT BENEFITS: lilly firefighter who has attaiH:ed the age of fifty (80) years aH:d has tweH:ty (20) or more years of eredited service shall he eligible to receive a service retiremeH:t peH:sioH: based OH: the employee's fiH:al base pay, allowiH:g t·No aH:d oH:e half pereeH:t (2-if.i!%) for eaeh of the first tweH:ty (20) years of credited service, plus oH:e pereeH:t (1%) for eaeh additioH:al year of credited service, to a maximum of sixty five pereeH:t (68%). CaleulatiH:g the base pay meaH:s the amouH:t of his/her moH:thly salary as of the date of his/her retiremeH:t. PeH:sioH: paymeH:ts shall he made iH: equal moH:thly iH:stallmeH:ts to the member. RETIREMENT BENEFITS AND QUALIFICATIONS FOR THOSE BENEFITS SHALL BE PROVIDED IN A SEPARATE PLAN WHICH SHALL BE ADOPTED BY ORDINANCE. 3-8-1-4: LEf...YING SERVICE PRIOR TO ELIGIBILITY: Should aH:y plaH: member hired prior to April 8 , 1978, leave the service of the City prior to heeomiH:g eligible to receive a peH:sioH: payable from the Firefighters' PeRsioH: FuH:d, for aH:y i·easoH: other thaH: death, aH:d said member has less thaH: fo,.e (8) years -1- 10 b iv ef eredited serviee at terminatien, said fu·efighter shall he entitled te a refund ef his/her aeeumulated eentrihutien te the Englev1eed Firefighters' Pensien Fund. The term aeeumulated eentrihutiens shall mean the sum ef said firefighters' eentrihutien te the Firefighters' Pensien Fund tegether with interest, if any, thereen, as may he determined hy the Firefighters' Pensien Beard. If said firefighter has five (5) er mere years ef eredited serviee at terminatien, the firefighter may eleet either: A:-Deferred menthly benefit payable beginning at age fifty (50) based upen the memhe1·'s final base pay, alle;ving twe and ene half pereent (2*MG) fer eaeh ef the first twenty (2 0) years ef eredited serviee plus ene pereent (1%) fer eaeh additienal year te a maximum ef sixty fr«e pereent (65%) ef base pay; er ~ Reeeive a refund ef his/her aeeumulated eentrihutiens as set eut aheve. 3 8 1 fi 3-8-1-4: VOLUNTEER FIREFIGHTERS PENSION FUND: A. There is hereby created a special fund to be known as the Volunteer Firefighters Pension Fund for the purpose of paying statutory benefits to volunteer firefighters under conditions as provided by title 31, article 30, part 4, C.R.S., 1973 . B. Benefits for all volunteer firefighters retired before December 31, 1974, shall be expended from funds received from the State in the annual allotment provided in title 31 , article 30 , part 4, C .R.S ., 1973 . C. Beginning January 1, 1975, the City shall make contributions to the Volunteer Firefighters Pension Fund as determined necessary to annually fund the pension benefit accumulations of the volunteers. The contribution shall be based on an actuarial study to be done at least every three (3) years. Pension benefits to volunteers retiring after January 1, 1975 , will be paid from these contributions. Section 2. Safety Clauses. The City Council, hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the 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 3 . Severability. If any clause , sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances . Section 4. Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. -2- • • • • • • Section 5. 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 well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6 . Penalty. 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 passed on first reading on the 16th day of August, 1999. Published as a Bill for an Ordinance on the 20th day of August, 1999. Read by title and passed on final reading on the 7th day of September, 1999. Published by title as Ordinance No . IJJ.., Series of 1999 , on the 10th day of September, 1999 . I , Loucrishia A . Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true cop·/J~/ the Ordinance passed on final reading and published by title as Ordinance No. ~. Series of 1999. Loucrishia A. Ellis -3- .. , • • ' \, . COUNCIL COMMUNICATION Date Agenda Item Subject A bill for an ordinance amending Title 3-8-1, EMC, pertaining to the City of Engle- August 16, 1999 10 a ii wood Firefighters Pension Plan Initiated By Staff Source Department of Financial Services Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council discussed the amended Firefighters Pension Plan document at study sessions. Council gave staff direction to proceed with a bill for an ordinance to approve the amended document. This ordinance will clarify that retirement benefits and the qualifications for those benefits are provided in a separate plan. RECOMMENDED ACTION Staff recommends the City Council approve the attached bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This ordinance will permit the enactment of the amended Firefighters Pension Plan document. FINANCIAL IMPACT This action will have no financial impact. LIST OF ATTACHMENTS Proposed bill for an ordinance