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HomeMy WebLinkAboutordinance.council.023-66RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. (Series of 196~ AN ORDINANCE AMENDING ORDINANCE NO. 10, SERIES OF 1962, OF THE ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO POLICE- MEN'S RETIREMENT PLAN, AND DECLARING AN EMERGENCY TO EXIST. BE IT ORDAINED by the City Council of the City of Aspen, Colorado: Section 1: Section 2-4-2 (N) of Ordinance No. 10, Series of 1962, is hereby amended to read as follows: "2-4-2: DEFINITIONS: (N) Parenthetical references following any sections or subsections of this Ordinance refer to Chapter 139, Section 49, of the Colorado Revised Statutes, 1963, as amended." Series of Section 2: Section 2-4-10 (C) of Ordinance No. 10, 1962, is hereby amended to read as follows: "2-4-10: DISABILITY RETIREMENT - CONDITIONS; EXAMINATION: (C) If any member shall become physically or mentally disabled for any reason other than in the performance of duty or by reason of service, no benefits shall accrue under the provisions hereof, unless said disability results from an off-duty performance of a police function, or an attack on a member in retaliation for a past police action." Series of Section 3: Section 2-4-10 (D) of Ordinance No. 10, 1962, is hereby amended to read as follows: "2-4-10: DISABILITY RETIREMENT - CONDITIONS; EXAMINATION: (D) For the purpose of determining the physical or mental disability of any member, the Board may personally examine the member, or iy appoint one or more physicians or surgeons to make an examination of the member and repOrt their findings to the Board, which report may be taken into Consideration in determining whether said member is physically or mentally dis- abled.'' RECORD OF PROCEEDINGS 100 Leaves -2- Series of Section 4: Section 2-4-12 (B) of Ordinance No. 10, 1962, is hereby amended to read as follows: "2-4-12: PENSION; COMPUTATION: (B) Disability; Temporary. If any member, while in the per- formance of his duty, or by reason of service, shall become physically or mentally disabled, and such disability shall be deemed to be of a temporary nature by the Board, he shall be eligible to receive temporary disability pay in an amount equal to the monthly salary paid such member after deductions at the date of such disability for a period of 6 months, and thereafter, for a period of up to one year, 1/2 of his regular monthly salary." Series of Section 5: Section 2-4-12 (D) of Ordinance No. 10, 1962, is hereby amended to read as follows: "2-4-12: PENSION; COMPUTATION: (D) Death Benefits. When a member or retirant shall die and leave a dependent widow, dependent mother, child or children ~nder the age of sixteen (16) years, surviving, the Board shall authorize a monthly payment in an amount equal to one-fourth the monthly salary received by said member at the time he died, unto each widow, or mother and an amount equal to one-eighth of the monthly salary received by said member at the time he died, to each minor child until such child shall reach the age of sixteen (16) years. No pension shall be paid to the mother of the deceased member who leaves a widow, and if the widow of any deceased member shall remarry, her pension shall cease." Section 6: Section 2-4-17, subsections (A), (B) and (C) of Ordinance No. 10, Series of 1962, is hereby re-enacted in its entirety to read as follows: "2-4-17: REFUND OF CONTRIBUTIONS: (A) Leaving prior to Eligibility. Should any member leave the service of the City prior to becoming eligible to receive a pension payable from funds of the retirement system, for any reason other than his death, all funds ~hat shall have been paid into such fund by such member shall be refunded to such member on demand in writing, provided that such demand RECORD OF PROCEEDINGS 100 Leaves -3- "2-4-17 (A): be made within one year from termination of employment. In no event shall such refund include accumulated interest on the member's contributions or any portion of the City's contributions to the pension fund. (B) Lack of Bene- ficiary. ShoUld any member die and not leave a beneficiary entitled to a pension hereunder, such funds as he shall have paid into the pension fund at the time of his death, shall accrue to the pension fund, after burial expenses. (C) Installments. Refund of a member's payment as provided here- inabove shall be made in 12 equal/installments." monthly Section 7: Section 2-4-18, subsections (B) and (C) of Ordinance No. 10, Series of 1962, are hereby amended to read as follows: "2-4-18: PENSION FUND: (B) Member Contribution - Withholding. The contributions of a member to the pension fund shall be 5 percent of the compensation paid him by the City. The officer or officers re- sponsible for making up the payroll shall cause the contribution provided for herein to be deducted from the compensation of each member on each pay- roll, for each payroll period, beginning with his employment as a police officer and continuing so long as the officer remains an active member. When deducted, each of such amounts shall be paid into the pension fund and shall be credited to the in- dividual account of the member from whose compen- sation such deductions were made. (C) The contribution of the City to the pension fund shall be 5 percent of the monthly compensation paid to each member by the City. The City Treasurer shall credit monthly said total amount to the pension fund." RECORD OF PROCEEDINGS 100 Leaves -4- series of Section 8: Section 2-4-19 (A) of Ordinance No. 10, 1962, is hereby amended to read as follows: "2-4-19: FiSCAL MANAGEMENT: (A) Custody of Funds. The Board shall be the trustee of the pension fund and the City Treasurer is made the custodian of the pension fund. He shall be liable on his bond as such Treasurer for the faithful performance of all the duties imposed upon him by the provisions of this article. The City Treasurer shall keep a separate account thereof, which shall at all times show the true condition of such fund. said Treasurer upon the expiration of his term of office, shall surrender and deliver to. his successor, all bonds and unexpired monies or other property which may have come into his hands as Treasurer of said fund." Section 9: Because of the matters and things herein- above set fo=th, the City Council of the City of Aspen, Colorado, hereby finds, determines and declares that an emergency exists, and that this ordinance is necessary for the immediate preservation of the public peace, health and safety. DAY OF INTRODUCED, READ, AND ORDERED pUBLISHED THIS ATTEST: Mayor FINALLY ADOPTED AND APPROVED THIS .j , 1966. ATTEST: DAY OF Mayor STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introducted, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on Aumust 15 ,196_fi_, and publish- ed in the fspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of August 18 ,1966, and was finally adopted and approved at a regular meeting of the City Council on September 6 ,196 6 , and ordered published as Ordinance No. 23 , Series 196 6 , 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 7~h ~a~y ~f.r_S~ptember , 1966