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HomeMy WebLinkAboutordinance.council.042-82 RECORD OF PROCEEDINGS 100 Leaves (Series AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A PLAN OR SYSTEM PURSUANT TO SECTION 24-51-704(5), COLORADO REVISED STATUTES 1973, AS AMENDED WHEREAS, the 50th General Assembly of the State of Colorado, in regular session, enacted Chapter 223, 1975 Session Laws, to authorize a political subdivision to establish a plan or system, as reuqired under Section 209(b) of the Social Security Act, as amended, whereby such political subdivision may exclude from wages, for social security reporting purposes, such payment made under such plan or system provided such plan or system is approved by the Division of Employment and Training of the Depart- ment of Labor and Employment, and WHEREAS, it is the opinion of the City Council of the City of Aspen that such plan or system will be of benefit to the City of Aspen by alleviating its costs for personal services of its employees, and WHEREAS, such plan or system will be of benefit to employees of the City of Aspen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That a plan or system be established to exclude from wages, for social security reporting purposes only, the amount of any payment made by the City of Aspen (including any amount that may be paid for insurance or of annuities, or into a fund, to provide for any such payment) made to, or on behalf of, an eligible employee or any of his dependents as the plan or system may pro- vide, on account of (1) retirement, or (2) sickness or accident disability, or (3) medical or hospitalization expenses in cermet- RECORD OF PROCEEDINGS 100 Leaves tion with sickness or accident disability, or (4) death, and that for sick pay purposes (as defined in Section 24-51-701(6.5) Colo- rado Revised Statutes 1973, as amended (1975 Supp.)) such plan or system shall provide specifically for sick payments, or that funds used are appropriated solely for sick payments, or that sick pay- ments are made from a separate sick pay account and that such sick pay account may be used to make sick payments directly to the employee or to reimburse the salary account if sick payments are made from the salary account. Section 2 That the Finance Director shall be designated as the respon- sible party under the state law for the purposes of administering this plan or system. That such plan or system shall be effective and retroactive to January 1, 1977. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4 A public hearing on the ordinance shall be held on the /~ day of ~ , 1982, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, 130 South Galena Street, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held ~/~ ~ , 1982. Herman Edel, Mayor RECORD OF PROCEEDINGS 100 Leaves ATTEST: Kathryn S.~och~ ~'ity Clerk FINALLY adopted~ passed and approved this /~day of , 1982. :Susan E. ~ichael, Mayor Pro Tem ATTEST: RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) CERTIFICATE ) ss COUNTY OF PITKIN ) It Kathryn S. V, ech, City Clerk of Aspen, Colorado, de hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on~-~~ reading a~ ~ regular meeting of the City C~ouncil of the City of .Aspen on ~~ 19f~, and published ~.n %:he A. spen Times a weekly newspaper of genera], circul- a~icn: 5nb3.~shed in the City o~ Aspen, Colorado, in its zssue of ~ ~ , 19~ and was finally adopted and F~] ~ a-~egular meeting~ of the City Council op. /~ 19 __~i' and ordered published as Or,finance No. ~,~___, Series of 19~r_~, of said city, as provided by law. fN WITNESS WHEREOF, I have hereunto set my hand and .... Co ~ora~o, this =b~ seal of said City of Aspen ' · ~ SEAL CITY OF ASPEN STATE OF COLORADO A PLAN OR SYSTEM PURSUANT TO SUBSECTION 24-51-704(5) COLORADO REVISED STATUTES 1973, AS AMENDED (1975 SUPP.) CITY OF ASPEN 69-0840187 1. This plan is established pursuant to Ordig~nce adopted by the C~ty~Counc%l of the City of Aspen on the /~ day of , 1982. 2. This plan provides for sick pay and sick payments are made from a separate sick pay account from the Administration account of the budget. 3. Remuneration paid which may be excluded from wages under this plan shall be limited to payments made only on account of (1) retirement, or (2) sickness or accident disability, or (3) medi- cal or hospitalization expenses in connection with sickness or accident disability, or (4) death. The City of Aspen, State of Colorado, will keep records that will enable it to identify those payments which are made for the foregoing limitations and to iden- tify those other payments which are made for other reasons. 4. The existence of the plan is made known to employees by giving all current and future employees a copy of the plan and amendments. 5. The emPloyees of the City are made aware of the fact that: (a) payments are made for reasons enumerated in the above-referenced paragraph numbered 3 will be ex- cluded from wages or social security coverage pur- poses and that (b) social security contributions will not be withheld and reported on such amounts, and that (c) such amounts will not be reported and credited to the employee's lifetime social security earnings records by the Social Security Administration by giving to each employee, in writing, a notice of the provisions of referenced paragraph 3; by brief- ing new employees at the time of employment. Also the Personnel Rules will contain the language as set forth in the above paragraph numbered 3. 6. This plan covers all employees generally. 7. Employees become eligible to the plan upon entering employ- ment provided no sick leave with pay until completion of six months of service. 8. The minimum duration of sick payments is the equivalent of the unused sick leave accumulated by the employee. 9. The minimum amount of sick pay to be paid to an employee under this plan is the employee's regular rate of pay for the period of absence due to sickness. 10. Payments will be made to or on behalf of an employee. 1~. The Finance Director of the City of Aspen, State of Colorado, is responsible for compliance with its social security coverage agreement with the State of Colorado and is specifically cognizant of and will comply with the laws, rules and regulations and reporting requirements contained in the Handbook for Colorado Local Social Security Administrators, as amended, and by her signature attached-hereto, attest to this representation. S Date Finance Director City of Aspen State of Colorado Approved by the Division of Employment and Training of the Depart- ment of Labor and Employment pursuant to 24-51-704(5), Colorado Revised Statutes 1973, as amended (1975 Supp.) Division of Employment and Training of the Department of Labor and Employment HarOld G. Shirey V Dat~ '' ' ' Public Employees' Social Security Section