HomeMy WebLinkAboutordinance.council.076-81FORM~ 50 C.F. HOECKEL 8. 8. Pc L.
RECORD OF PROCEEDINGS
ORDINANCE NO ~
(Series of 1981)
100 Leaves
AN ORDINANCE AMENDING ASPEN POLICEMEN'S RETIREMENT PLAN
SO AS TO ALLOW cURRENT MEMBERS W%Tj~'KAW FROM ~
PLAN AND RECEIVE A t~FUND OF PAID-IN CONTRIBU'~IONS
WHEREAS, the Board of Trustees of the Aspen Policemen's
Retirement Plan has received a petition by the four Aspen Police
Officers who are the only currently employed members of the plan
to dissolve the plan and distribute the paid-in contributions to
the petitioners; and
WHEREAS, a~ter considering the aforesaid petition, it is the
recon%~endation of the Board of Trustees of the Police Retirement
Plan that the plan be amended so as to allow the current members
to withdraw from the plan and receive a refund of paid-in contri-
butions, and that the City Council pursue steps toward dissolving
the plan; and
WHEREAS, Section 31-30-305(4), C.R.S. i973, provides that in
home rule cities, when the Board of Trustees of the Policemen's
Pension Fund and the control, management and administration of the
fund are provided for by the Charter and ordinances, the same may
be controlled, managed, administered, and applied in accordance
with such Charter and ordinance provisions; and
WHEREAS, the Aspen Police Retirement Plan was created by
Ordinance No. 10, Series of 1962, as amended by Ordinance No. 23,~
Series of 1966; and
WHEREAS, the City Council desires to amend the AsPen Police
Retirement Plan so as to allow current members to withdraw from
the plan and receive a refund 0f paid-in contributions,
NOw, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO;
FOR~ 5( C. F. HOECXEL B, B. & L, CO,
RECORD OF PROCEEDINGS
100 Leaves
Section 1
That the Aspen Po±ice Retirement Plan be and the same is
hereby amended by the addition of a new Section 2-4-6(a), which
will allow all current members to withdraw from the Plan and
receive a refund of paid-in contributions, said section to read as
follows;
"2-4-6(a) : MEI~IBERSHIP WITHDRAWAL.
A meraber may withdraw from the plan and receive a refund of
paid-in contributions on the following conditions:
(A)
The member must submit a written request to the Board of
Trustees requesting withdrawal and agreeing, in
connection therewith, to release, waive, and relinquish
any and all accrued benefits to the member and the
member's heirs, successors, and assigns, and also
agreeing to defend and hold the CitY of Aspen and its
agents, servants, and employees harmless from any and
all claims by the beneficiaries of said member arising
out of said member's participation in the plan.
Upon withdrawal, the member must become a member of the
State Fire and Police Pension Association, with the date
of service for said member belng the da~e Of withdrawal
from the Aspen Policemen's Retirement Plan."
Section 2
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 3
A public hearing on the ordinance shall be held on the~ y~
~/~ , 1981, at 5:00 P.M. in
day
of
the City Council Chambers, Aspen City Hall, Aspen, Colorado.
Aspen.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen on the ~ day of
FORDI So C. F, HOECKEL B. B. & L, CO,
RECORD OF PROCEEDINGS
100 Leaves
Susan E. Michael_
Mayor Pro Tem
ATTEST
~C i ty -~
FINALLY adopted~ passed and approved on this
ATTEST~
~ ~A-~'d ay of
, 1981.
Susan E. Michael.
Mayor Pro Tem
Kathryn S~/~och, City Cler
RECORD OF PROCEEDINGS
100' Leaves
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Kathryn S. Koch, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced,-read in full, and passed on .~
rea~ing at a regular meeting of the City Council of the
City of Aspen on ~~4~J~ , 19- ~, and published
in the Aspen Times a weekly newspaper of general circul-
ation, published in the City of Aspen, Colorado, in its
issue of ~ ~ .~~..~ , 19~/, and was finally adopted
and approved at a regular meeting of the City Council on
~ ~ , 19 ~/,___ and ordered published as
Ordinance No. ~ , Series of 19~/, of said City, as
provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado, this
day of ~~ , 19 ~/.
SEAL
Kathyrn S/Koch, City Clerk
Deputy City Clerk