HomeMy WebLinkAboutordinance.council.088-81RECORD OF PROCEEDINGS
FORM 50 C. F*. HOECKEL B. B. & L. CO. .~
ORD N NC NO.
(Series of 198~)
100 Leaves
AN ORDINANCE AMENDING SECTIONS 2-101, 2-200, 2-202, 2-300, 2-302
and 2-600 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO MODIFY THE
EMPLOYEES' RETIREMENT PLAN AND TRUST ~D TO ALLOW ELIGIBLE
EMPLOYEES TO PARTICIPATE IN A DEFERRED COMPENSATION PLAN
WHEREAS, the City of Aspen, Colorado,~ has established an
Employee Retirement Plan and Trust and a Deferred Compensation
Plan for eligible employees, and
WHEREAS, amendments to certain sections of the Municipal Code
of the City of Aspen are necessary to allow optional participation
in either plan, and to establish a schedule by virtue of which the
contriDutions.made by the City will vest in employees according to
years of service to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That subsections (k) and (1) of Section 2-201 of the Munici-
pal Code of the City of Aspen, Colorado, are hereby repealed and
subsection (k) of Section 2-201 is hereby re-enacted to read as
follows:
"(k)
Deferred Compensation Plan shall mean the Deferred Com-
pensation Plan selected by an Administrative Selection
Committee made up of the City Manager, Assistant City
Manager, Personnel Director, Finance Director and City
Attorney-"
Section 2
That Section 2-200 of the Municipal Code of the City of
Aspen, Colorado, is hereby repealed and re-enacted to read as
follows:
"Sec. 2-200. Eligibility Requirements.
Every officer and employee Who is employed by the City on a
regular, full time basis, excluding elected officials, police
officers, firemen and any person who is customarily employed
for less than twenty (20) hours in one week, or less than
five (5) months in any calendar year, shall be eligible to
FOR~ 50 C.F. HOECKEL B, B, & L. CO.
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participate in the City Retirement Plan or the Deferred Com-
pensation Plan on the first day of employment."
Section 3
That Section 2-202 of the Municipal Code of the City of
Aspen, Colorado, is hereby repealed and re-enacted to read as
follows:
"Sec. 2-202. optional Participation.
Participation in the retirement plan or the deferred compen-
sation plan is optional for all eligible employees. Eligible
employees snali make their participation selection prior to
the first day of employment or prior to April 1 of each
calendar year. Plan participation selection may only be
amended once per calendar year."
Section 4
That Section 2-300 of the Municipal Code of the City of
Aspen, Colorado, is hereby repealed and re-enacted to read as
follows:
"Sec. 2-300. Contributions by City.
Subject to the right of the City to alter, amend or discon-
tinue the retirement plan or deferred compensation plan, the
City shall contribute for each eligible employee an amount
equal to three (3) percent of the compensation received by
each eligible employee to either the retirement plan or
deferred compensation plan according to the following:
(a) Participation in Retirement Plan - City contribution is
to the Retirement Plan;
(b) Participant in Deferred Compensation Plan - City contri-
bution is to the Deferred Compensation Plan;
(c) Non-participant in either the Retirement Plan or the
Deferred Compensation Plan- City contribution is to the
Retirement Plan;
The City will contribute three (3%) percent of compensation
according to the above of each eligible employee employed by
the City ten (10) years or less and five (5%) percent of com-
pensation according to the above for each eligible employee
employed by the City more than ten (10) years."
Section 5
That Section 2-302 of the Municipal Code of the City of
Aspen, Colorado, is hereby repealed and re-enacted to read as
follows:
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"Sec. 2-302. Contributions Dy Eligible Employees.
Each eligible employee may elect to contribute from three
(3%) percent up to and including nine (9%) percent of
employee's compensation for the period that the employee is a
participant in the retirement plan or may elect to contribute
from three (3%) percent up to and including the maximum
allowed by t~e Internal Revenue Code for the period that the
employee is a participant in the deferred compensation plan,
provided, however, that no functional percentages within this
range are to be permitted. This election must be submitted
in writing to the Finance Director prior to the standard pay-
roll deadline per pay period. Thereafter, this election can
only be changed a maximum of two times during the calendar
year."
Section 6
That Section 2-600 of the Municipal Code o~ the City of
Aspen, Colorado, is hereby repealed and re-enacted to read as
follows:
"Sec. 2-600. Employee Retirement Plan Vesting.
All contributions to the retirement plan made by eligible
employees shall immediately vest and be nonforfeitable.
There shai also vest in each eligible employee (at the end of
five (5) full years of continuous employment) one hundred
(i00%) percent o~ the City's contribution and one hundred
(100%) percent for each calendar year thereafter as illus-
trated in the following schedule:
Full Years
of Employmen_t
One to Four
Five
Six to termination
of participation
Percent of City'_s
Contribution Vestin~
0% of City Contribution
100% of City Contribution
100% of City Contribution
Section 7
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.
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FOR~ 59 C. F'. HOECKEL B. B. & L~CO.
Section 8
A puDlic hearing on the ordinance shall be held on the //~J
day of oun~cil ~~ , 1982, at 5:00 P.M. in
the City Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen on the J~ day of
k~TEST': "" ':; ·
Kathry..n S~/Koch
Herman Edel
Mayor
CitY' ~'C1 erk
FINALLY adopted, passed and approved on the ///Y~ day of
, 1982.
ATTEST
Kathryn $' ~och
FORM 50 C. F, HO£CKEL B. B. & L. CO.
RECORD OF PROCEEDINGS
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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
reading at a regular meeting of the City Council of the
City of AsPen on /~~~/t~', 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 ~,.~/~L~/~ ~/.. , 19~, and was finally adopted
and approved at a regular meeting of the City Council on
~/~~~~__, 19f~_, and ordered published as
Ordin,~nce Noo ~'~ , Series of 19. ~/, of said City, as
provide¢t by law.
~N WITNESS WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado, this ~/~
SEAL
Deputy City Clerk .....