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HomeMy WebLinkAboutordinance.council.010-62ORDINANCE NO, AN ORDINANCE ESTABLISHING THE ASPEN POLICEMEN RET~NT PLAN AND PROVIDING FOR THE RE~I~I~MENT OF POLICEMEN IN THE EMPLOY OF THE CITY, PROVIDING THEM WITH PENSIONS, PROVIDING CERTAIN BENEFITS TO BE PAID BENEFICIARIES OF POLICEMEN WHO DIE, PROVIDING FOR DISABILITY BENEFITS, PROVIDING FOR CONTRIBUTIONS TO BE MADE BY CITY AND MEMBERS OF PLAN, PROVIDING FOR THE INVESTMENT OF MONIES OF THE PLAN AND PROVIDING FOR THE GENERAL ADMINISTRATION OF THE PLAN. BE IT oRDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: SECTION 1. Plan Established. The Aspen Policemen Retirement Plan, hereinafter called the plan, is hereby created and established to provide for the retirement of policemen in the employ of this City; provide them with pensions; provide certain benefits to be paid beneficiaries of Policemen who die before or after their retirement; provide for disability benefits for Policemen injured in the performance of duty or by reason of service; provide for contributions to he made by the City and the Policemen; provide for receipt of funds authorized by statutes made and provided; provide for the investment of monies of the ~lan and provide for the general administration of the plan. SECTION 2. Definitions. The following words and phrases as used in this Article, unless a different meaning is plahly required by the context, shall have the following meanings: (A) Beneficiary means any person, other than a retirant, in receipt of a pension payable from funds provided by the retirement system. (B) Board means the board of trustees provided for in this Article. (C) Compensation means the salary paid by the City to a member for services rendered by him to the City as a Policeman. (D) Credited Service means service credited to a member to the extent provided under this Article. (E) Disability Pay means that compensation paid to a member on dis- ability status in equal monthly installments drom funds of the retirement system. (F) Disability Status means a non-duty status by reason of service- connected disability. Such status may be temporary or permanent according to the determination of the board. (G) In the Performance of Duty or by Reason of Service ~s used herein shall mean all service performed as a police officer in the City of Aspen whether on duty or off duty and shall specifically include services rendered in connection with special off-duty police assignments. (}~ Member means any person included in the membership of the retirement system and shall include all policemen. (I) Pension means an amount payable, in equal monthly installments from funds of the retirement system to a retirant. (j) Policeman means an employee of the police department of the City holding the rank of patrolman, including probationary patrolmen, or higher rank. The term policeman shall not include (1) privately employed policemen; (2) persons temporarily employed as policemen during emergencies; and (3) civilian employees of the Police Depar~n ent. (K) Retirant means a member who retires with a pension payable under the provisions of this Article. (L) Retirement means withdrawal from the service with a pension payable from funds of the retirement system. (M) Retirement System means the City of Aspen Policemsn Retirement System created and established under the provisions of this Article. (N) Parenthetical references following any sections or subsections of this Ordinance refer to Chapter 139, Section 49, of the Colorado Revised Statutes, 1953, as amended. SECTION 3. Board of Trustees - Creation~ Membership powers and Duties. (A) There is hereby created a Board of Trustees in whom is invested the general administration, management and responsibility for the proper operation of the retirement system, and for making effective and construing the provisions of this Article. The Board shall serve without pay and shall consist of four (4) trustees, as follows: (1) Mayor; (2) City Clerk; (3) City Treasurer; (4) One member of the retirement system to be elected by the members of the retirement system under such rules and regulations as the board from time to time adopt, and he shall serve a term for a period of two (2) years (139-49-2) (139-49-4). (~} The board shall make all necessary rules and regulations for man- aging and discharging its duties, (not inconsistent with statute or with the provisions of this Article) which it may deem necessary or advisable to carry out the provisions thereof; mall hear and decide all applications for relief or pensions under the provision of this Article, and its action upon such applications shall be final and conclusive; except that when, in its opinion, justice demands that said actions should be reconsidered, the same may be reversed by said board. A record of said action and all other matters coming properly before said board shall be kept and preserved. (139-49-5) (C) The board at any time make such investigation and hold such hearings as may be reasonably necessary to determine eligibility for retirement of a member, eligibility of surviving dependents, including questions of depend- ency of such survivors and ages of minor children and the marital status of anyone receiving benefits. (D) The board shall ascertain from time to time, at least annually, if the funds of the pension fund are sufficient and actuarily sound to meet the obligations arising out of the retirement system. (E) Filling Vacancy. In ~e event that the policeman trustee ceases to be a policeman in the service of the City, the board shall declare his office of trustee vacated. If a vacancy occurs in the position of policeman trustee, the vacancy shall be filled within ninety (90)'days after the date of the vacancy for the unexpired term, in the same manner as the office was previously filled. (F) Meetings. The board shall hold meetings regularly, at least quarterly, and shall designate the time and place thereof. Ail meetings of the board shall be public; each trustee shall be entitled to one vote in the meetings of the board. Three trustees shall constitute a quorum at any meeting of the board and a majority vote shall be determinative of any issue before the board. The board shall adopt its own rules of procedure and shall keep a record of its proceedings. (G) Officers. i. President. The board shall elect from its members, a president of the board. 2. Secretary. The board shall elect from its members, a secretary of the board. 3. Treasurer. The City Treasurer shall be an ex officio tm asurer of said board and the administrative officer of the retirement system. Nothing herein contained shall prevent the treasurer from serving as secretary of the board. 4. Legal Advisor. The city attorney shall be legal advisor to the board. The terms or term of the respective officers hereinabove specified shall be as determined by the rules and regulations established by the board. (139-49-4) (H) Technical Advisor. The board may designate an actuary who shall be technical advisor to the board on matters regarding the operation of the retire- ment system on an actuarial basis and who shall perform such other duties as are required in connection therewith. 1. Medical Co~m~ittee; The board may designate a medical com~nittee consisting of three physicians. The medical co~ittee shall serve at the pleasure of the board and receive such compensation as the board shall from time to time determine. The medical committee shall be the medical advisors to the board; shall perform such duties as are required of it in this Article. SECTION 4. Records; Reports, Purposes~ Times. The secretary of the board shal.1 keep, or cause to be kept, such data as shall be necessary for an acturial evaluation of the liabilities of the retirement system. The board shall render a report to the City Council of the City of Aspen prior to the last meeting in February and August of each year showing the condition of the pension fund. (1~-49-16) -2- SECTION 5. Membership - Persons The membership of the retirement system shall include all policemen, as defined in this Article. (A) Who are in the employ of the City on the effective date of the retirement system; and (B) Who enter the City employment after the effective date of the retirement system. SECTION 6. Membership - Termination Except as otherwise provided in this Article, should any member cease to be a policeman in the employ of the city, for any reason except to beoome a retlrant or by his death, he shall thereupon cease to be a member and his credited service at the date of such separation from Servicer'shall be forfeited by him. In the event s~h person is re-employed by the City as a policeman, he shall again become a member and should his re-employment occur within a period of three years from and after the date be last ceased to be a member, may credited servicefm~fefted by him at the date he last ceased to be a member shall refund and pay into the fund all contributions for such previous service as may have been r~nded to him pursuant to the provisions of Section 17 (A) hereof, plus interest at the race of three per cent (3%) per annum on such amount. If the re-employed member does not elect to have his previous credited service restored by payment of reimbursed funds as herein provided, then such previous service shall not be restored or credited to such member. In the event a member becomes a retirant or dies, he shall thereupon cease to be a member. SECTION 7. Service Credit~ Creditin~ Accoun~ The board shall fix and determine by appropiate rules and regulations the amount of service to be c~edited a member in any year; provided, in no case shall less than twenty (20~ days of service rendered in a calendar month be credited as a month of service, nor shall less than eleven (11) months of service rendered in a calendar year be credited as a year of service, nor shall more than one year of service be credited for all service rendered in any calendar year. The board shall credit each member's service account with the number of years and months of service to which he may be entitled for service rendered by such member to the City prior to the effective date of this Article and shall keep a record thereof. SECTION 8. Retirement - Voluntary; A~e Requirement; Application. (A) Any member who has attained or attains the age of fifty-five (55) years and has twenty (20) or more years of credited service may retire. If such member elects to retire, he shall submit his written application to the board setting forth what time, neither less than ninety (90) days nor more than one hundred eighty (180) days subsequent to the execution and filing thereof, he ~esires to be retired. Such member shall b~ entitled to a pension as provided for in Section 12 (A). (139-49-23) (B) Any member who has twenty-five (25) years or more of credited service, regardless of age, may retire. If such member elects to retire, he shall submit his written application to the board setting forth what time, ne~.her less than ninety (90) days nor more than one hundred eighty (180) days subsequent to the execution and filing thereof, he desires to be retired. Such member shall be entitled to a pension as provided for in Section 12 (A). (139-4N-23) SECTION 9. Retirement;. Extended Period Any member who attains the age of fifty-five (55) years and who is otherwise eligible for retirement may be continued in service for periods not to extend beyond his attainment of age sixty (60) years; provided, such continuance in service is: (A) Requested by him in writing; and (B) Approved by the Chief of Police. Upon his retirement he shall be entitled to a pension provided for in Section 12 (A). In no event shall a member be retained in service beyond the age of Sixty-Five (65) years. SECTION 10. Disability Retirement - Conditions} Examination. (A) If any member, while in the performance of his duty, or by reason of service, shall become physically or mentally disabled, and any such -3- disability shall be deemed to be of a temporary nature by the board; he shall be granted temporary dissbility status by the board. He ~l%all be entitled to disability pay as provided in Section 12 (B). 139-49-22-2) (B) If any member, while in the performance of his duty, or by reason of service, shall become physically or mentally disabled, and such disability shall he deemed to be of a permanent nature by the board, he shall be granted permanent disability status by the board. He shall be entitled to disability pay as provided in Section 12. (O). (139-49-22-3) (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 acc~e under the provisions hereof. (D) For the purpose of determining the physical or mental disability of any member as provided by subsection (A) and (B) hereof, the board may personally examine the member, or may 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 disabled. (139-49-22-2) SECTION 11. Death Benefits. When any member or retirant shall die and leave a dependent widow, dependent mother, child or children under the age of sixteen (16) years, surviving, such beneficiaries shall receive a monthly allotment as provided for in Section 12 (139-49-22-4). SECTION 12. Pension~ Computation. (A) Retirement. If any member who has attained the age of Fifty- Five (55) years and has Twenty (20) or more years of credited service or a member who has Twenty-Five (25) or more years of credited years regardless of age, he shall be eligible to receive a service retirement monthly pension equal to one-half the amount of the average salary he shall have received as a member of said service for one year before the time of granting his application. Such monthly pension shall be made regardless of income or earnings which the retirant receives from any source. (139-49-23) (B) Disability; Temporary. If any member, while in the performance of his duty, or by reason of service, shall become physically or mentally dis- abled, 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 compensation paid such member as salary at the date of Such dis- ability, not to exceed a period of one year. (139-49-22-2) (C) Disability; Permanent. If any member, while in the performance of his duty, or by reason of service, shall become physically or mentally disabled, so as to render it impossible for sneh member to perform his duties, he shall be eligible to receive permanent disability pay in an amount equal to one-half of the monthly salary received by him at t~e time he shall become so disabled. (139-49-22=3) (D) Death Benefits. When any member or retirant shall die and leave a dependent widow, dependent mother, child or children under 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 sa~ry received by said member at the time he died, to each minor child, until such child mall 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. If a widow receiving any benefits hereunder, shall die or remarry, then such benefits as received by said widow shall be payable to the mother, if then living. (139-49-22-4) (E) Rights on Non-Voluntary Separation after Twenty Years Service. A member who has Twenty (20) years of credited service but who has not attained the age of Fifty-Five (55) years and who becomes physically incapacitated from continuing in active service for some reason not connected with the performance ~f duties or by reason of service, may apply for pension. The board shall have full discretion granting or regecting such application. It is the policy o~ this Section to provide a pension for those members who have twenty (20) years or more of credited service and who have not attained the age of Fifty-Five (55) years, but who are prevented, through no fault of their own, from continuing in active service. (F) If at any time, there should not be sufficient money or other -4- property in the pension fund to pay to each beneficiary the fullamount per month to which such beneficiary may be entitled under the provisions hereof, then and in that event, an equal percentage of such monthly payments shall be made to each, until such fund is so replenished as to warrant payment in full to each of such b~neficiaries. (139-49-22-5) SECTION 13. Disability - Retirementl Re-Examination. (A) Temporary - Refusal to Submit to Examination. If any member shall have been retired temporarily under the provisions of Section 12 (B) hereof by reason of any disability, the board shall have the right at any time to cause such disabled member to be brought before it, and again examined by one or more physicians.or surgeons, and shall have ~he might to examine other witnesses for the purpose of discovering whether such disability yet continues, and whether such disabled member should be continued in the temporary disability status or re-instated in act&ye service. Should any disabled member refuse to submit to such medical examination in any such period, his disability pay may be disc0atin~ed by ~he board until such disabled member submits to such medical examination , and ~ould his refusal continue for a period of thirty days, all his rights in and to disability pay and status may be revoked by the board. Revocation of disability status by the board by rea~un of a member's refusal to submit to a medical examination shall be grounds for d~scharge of the member from the police force. If upon such medical examination of such disabled member the physician or physicians certify to ~he board that such disabled member is physically able and capable of resuming employ- ment in the service, he shall be re~O~d to service and his disability pay shall -be terminated. (139.49.10) (B) Permanent - Refusal to Submit to Examination. At least once each year for the first five (5) years following the determination with permanent disability status under Section 12 (C) and once in each three (3) year period thereafter, the board may mequire such disabled member who has not attained the age of fifty-five (55) years, to undergo a medical examination to be made by or under the direction of a physician or physicians designated by the board. Should any such disabled member refuse to submit to such medical examination upon request of the board, his disability pay may be discontinued by the board until such time as he shall submit to such examination and should his refusal continue for one year, all his rights in and to disability pay and status may be revoked by ~he board. At least once each year for the first five years (5) following ~he determination of permanent disability status of a member under Section 12 (C) and once in each three year (3) period thereafter, the board may require such disabled member who has not attained the age of fifty-five (55) years to submit to a medical examination. If upon such medical examination of such disabled member, the physician or physicians certifies to the board that such disabled member is physically able and capable of resuming employment in~eservice he shall be restored to service and his disability pay and status shall be terminated. (C) Return to Service. A disabled member who has been or shall be returned to active service in the employ of the City as a policeman as provided herein, shall be given service credit for the period he was receiving disability pay from the funds of the retirement system on account of his City employment. SECTION 14. Hearin&s Prior to making any decisions on an application for a pension, disability payments, (temporary or permanent) suspension of disability payments or beneficiary payments, the board shall hold a hearing. Ail persons in interest shall be entitled to notice thereof, to be preaent at such hearing, to be represented by counsel, to propound any question pertient, or relevant to such matter, and mall have the right to introduce evidence in his own behalf. Ail witnesses so produced shall be examined under oath, and any member of the board is hereby authorized to adminster such oath to such witness. The decision of the board in all cases shall be final. (139-49-10) SECTION 15 Disability Benefits Received from Other Sources. The board shall determine, prior to making any award for disability payments, whether the claimant is eligible for workmen's compensation and/or group insurance benefits as a result of such disability and shall reduce any such disability benefits to which the member is otherwise entitled hereunder by the amount that the disabled member receives from workmen's compensation or from group insurance benefits. -5- Group insurance benefits as used herein means group insurance obtained and paid for by the City. SECTION 16. Sick Leave - Leave of Absence. Sick leave charged to any member pursuant to the provisions of personal regulations, may be included in credited service, at the discretion of the board. In no event shall the member be entitled to disability pay and sick leave pay simultaneously. Time off from active service taken on leave of absence, may be included in c=edited service at the discretion of the board. In determining whether to allow credit for the time taken by an employee on leave of absence, the board shall give ~ue consideration to the following circumstances: 1. Length of leave of absence; 2. Reason for leave of absence and whether voluntary or involu~ry on part of employee; and 3. Whether leave is approved by department head. SECTION 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 sy~te~, for any reason other than his death, all funds that shall have been paid into such fund by such member shall be refunded to such member on demand, provided that such demand be made within one year from termination of em= ployment. 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) La~ of Beneficiary. Should any member die and not leave a beneficiary entitled to a pension hereunder, such funds as he shall have paid into the pension fundat the time of his death, shall be paid to such person or persons by written designation as he shall have nominated, duly executed and filed with the board. In no event shall such refund include accumulated interest on the member's contrib- utions on any portion of the City's contributions to the pension fund. In default of the designation of the beneficiary, all payments made by a member and on his behalf by the City, yogether with accumulated interest., shall accrue to the pension fund. (C) Installments. Refund of a member's payments as provided hereinabove may be made in installments, according to such rules and regulations as the board shall from time to time adopt. SECTION 18. Pension Fund (A) The pension fund as previously created and established under the provisions of statute shall be the fund in which~all be accumulated, at regular interest, the contibutions deducted from the compensation of members, contrib- utions made by the City and any and all funds or resburces as made and provided by statute. (139-49-3, 139=46-6, 139-49-8, 139-49-20, and 139-49-21). (B) Member Contribution: With-Holding. The contributions of a member to the pension fund shall be per cent ( %) of the compensation paid him by the City. The officer or officers responsible for making up the payroll shall cause the contributions provided for herein to be deducted from the compensation of each member on each payroll, for each payroll period, beginning with his employment as a police officer and continuing so long as he remains an active member. When deducted, each of such amounts shall be paid in to the pension fund and shall be credited to the individual account of the member from whose compensation such deductions were made. (139-49-21). (C) The contribution of the City to the pension fund shall be per cent ( %) of the monthly compensation paid to each member by the City. The City Treasurer shall credit monthly said total amount to the pension fund. (D) Implied Consent - Effect. The contributions provided for in sub- section (B) of this Section shall be made notwithstanding that the minimum compensation provided by law for any member shall thereby be changed. Every member mall be deemed to consent and agree to the deductions made as provided for herein, and payment of his compensation less such deduction for his contributions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for services rendered by such member during the period covered by such payment, except as to benefits provided under this Article. SECTION 19. Fiscal Management (A) Custody of Funds. The board shall be the trustee of the pension fund -6- and the City Treasurer is made the custodian of the pension fund. The City Treasurer is made the custodian of the pension fund. The City Treasurer sha~l keep a separate account thereof, whichshall, 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. (139-49-12) (B) Securities. The board shall have power to draw on the pension fund or any part thereof, from the treasurer of said fund, and may invest the same or any part thereof; in the name of the board, in interest-bearing bonds of the United States, State of Colorado, or any incorporated city, county or s~hool district of the State of Colorado. All such securities shall be deposited with the Treasurer of said city, as ex officio treasurer of said board, and shall be subject to the order of said board (139-49-13) (C) Manner of Payment. Payment from funds of the retirement system shall be made only upon warrants drawn by the order of the board of trustees on the municipal treasurer, signed by the president and countersigned by the secretary. No warrant shall be drawn except after having been duly entered on the records and proceedings of the board. (139-49-11). (D) Interest of Trustees. F~xcept as otherwise provided in this Article, no board member or any officer or employee of the retirement system shall have any interest direct or indirect, in the gai~s or profits of any investments made by the board. No board member or other person connected with the board, directly or indirectly for himself or as an agent or partner of others, ~all borrow any of the funds or deposits of the retirement system, or in any manner use the same , except to make such current and necessary payments as are authorized by the board; nor shall amy board member, or o~aer person connected with the board become an endorser surety or become, in any ma~mer, anobligor for monies loaned or borrowed of the retirement system. SECTION 20. False Statements~ Penalty Any person who knowingly makes any false statement or statements or who falsifies or permits to be falsified any record of the retirement system in any attempt to defraud the retirement system, shall be punished upon conviction thereof by a fine not to exceed ~300.00. Any person convicted under the provision hereof shall make full restitution. SECTION 21; Errors - Correction In the event any change or error in the records of the retirement system results in any member, retirant or benificiary receiving from the retir~nent system more or less than he would have been entitled to receive had the records been correct, the board shall correct such error and as far as practicable shall adjust subsequent payments in such manner that the actuarial equivalent of the benefits to which such member, retirant or beneficiary was correctly entitled shall be paid. In the event of overpayment to any member, retirant or beneficiary, the board may take legal action, if necessary, to recover such payment. SECTION 22. Assisnability: Exemption from Execution. The right of a person to a pension, to the return of accumulated contrib- utions, and any other right accrued or accruing to any member, retirant or ben- eficiary under the provisions of this Article, shall be unassignable and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law, or any other process of law whatsoever, except as in specifically provided in this Article. (139-49-14). SECTION 23. Severability. If any section, subsection, sentence, clause or phrase of this Article is for any reason held to be unconditional, such decisions shall not affect the validity of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any section, subsection, clause or phrase be declared unconstitutional. SECTION 24. Effective Date The effective date of the retirement system shall be ~ , 1962. -7- SECTION 25. An emergency £s declared to exist and the immediate passage of this Ordinance is necessary for the public peace, health and safety of the inhabitants of the City of Aspen, Colorado, and this Ordinance shall be in full force and effect five (5) days after its final publication. INTRODUCED, REAOAND ORDERED PUBLISHED this ~ay ofz 1962. MAYOR ATTEST: , CiTY,cLERK FINALLY PASSED, ADOPTED AND APPROVED on this ATTEST: ,. - / CItY ~/CLERK O IN C . NO. SERIES OF© the aforegoing Ordinance was fntroduced and read at a regular meeting of the City Council of said City of Aspen on the ~-- day of~~~ , ~9~ , and by order of said City Council was published as a proposed ordinance as the law directs and for mo~e than ten days prior to its passage in the Aspen Times, legal newspaper; and that on the /~ day of ~~ 196,~ , the said proposed Ordinance was read and passed by ~he City Council aforesaid, the said meeting of said City Council being a regular meeting, and ordered published in the aforesaid newspaper as the law directs. WITNESS my hand and the official seal of the City of Aspen, Colorado, this /~ day of~~ . ~ugu~t 1~ ~0 Jamea ~arkalm~a~ At a speelal meeting of the Aspen City Council held July 30, 1~62, the following ~oti~ was adopted~ To amend Seetica b - 2 - 2 ~f the Aapen Code, to provide that all ~ Oceupeney eon~tructica not eeedi~g t~o mtorimm may u~e either r~ax or eonduit eleetrieal in~t~llati~ (a~ x-ce~x ~eet~ the require- w~nt~ of the National Electric Code~, The Council authorized you and Mr. Stewart %o prepare amendment to the Code, FR~ the 2ity Clerk