Loading...
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