HomeMy WebLinkAbout05133 AMENDED January 23, 1984
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ORDINANCE NO 5133
AN ORDINANCE RELATING TO CITY OF PUEBLO FIREMEN'S
PENSION FUND AND AMENDING CHAPTER 2 OF TITLE II OF
THE 1971 CODE OF ORDINANCES TO CONFORM SAME TO THE
REQUIREMENTS OF STATE LAW
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that
WHEREAS, the City of Pueblo has elected affiliation with the
Fire and Police Pension Association, and
WHEREAS, certain provisions of the Pueblo Firemen Retirement
Plan (herein "Plan ") conflict with certain applicable provisions
of the Policemen's and Firemen's Pension Reform Act (herein "Act ")
which is matter of statewide concern, and
WHEREAS, it would be in the best interest of the City and
members of the Plan to conform the Plan with the Act which super-
sedes any provision of the Plan with which it is in conflict,
NOW, THEREFORE,
(Brackets indicate material being deleted; underscoring
indicates material being added )
SECTION 1
Section 2- 2 -7(c) of the 1971 Code of Ordinances is hereby
amended to read as follows
"2 -2 -7 SOURCES OF MONEY FOR THE FUND
There shall be paid into and credited to, the fund
money to be derived from the following sources
(c) There shall be paid into the fund an assessment
[of six per cent (6%) a month] by each member of the Fire
Department equal to the following percent of the salary paid
to him by the City seven (7) percent during the calendar
year 1983, seven and one -half (7 5) percent during the
calendar year 1984, and eight (8) percent during the
calendar year 1985 and thereafter The Director of
Finance shall deduct such sum from the pay due each
calendar month and deposit the total amount deducted
,
to the credit of the fund The deduction by the Director
of Finance for such monies shall be taken and considered
to be a full receipt by each member of such department for
the assessment so deducted, and neither the City nor any
person, nor any officer of the City shall be in any manner
liable to any member of the department for the sum so
deducted and transferred to the fund."
SECTION 2
Sections 5, 6, 8 and 9 of Chapter 2 of Title II of the 1971
Code of Ordinances relating to fund assets and the holding,
management and investment thereof are hereby repealed in their
entirety and reenacted as a new Section 5 to read as follows:
"2 -2 -5 FUND ASSETS AND INVESTMENTS.
All assets of the City of Pueblo Firemen's Pension
Fund shall be transferred to the Fire and Police Member's
Benefit Fund created by Section 31 -30 -1012, C R 5 1973
and held, managed and invested by the Board of Directors
of the Fire and Police Pension Association All benefits
payable under the Fund shall be paid by the Fire and
Police Pension Association from the Fire and Police
Members' Benefit Fund "
SECTION 3
Section 2 -2 -10 of the 1971 Code of Ordinances of the City
of Pueblo is hereby amended to read as follows
"2 -2 -10 PERSONS ENTITLED TO BENEFITS
No person shall be entitled to the benefits of any of
the provisions hereof or payments out of the fund hereby
created, unless he is now, or hereafter becomes a uniformed
member or employee of the City Fire Department hired prior
to April 8, 1978 within the classified service of the Civil
Service regulations, or the Chief of the Fire Department
if hired before April 8, 1978 or the members of the
immediate family of such person herein designated, or
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those non - uniformed employees of the City Fire Department
who were entitled to the benefits prior to the original
date of adoption of this section "
SECTION 4
Section 12 of Chapter 2 of Article II of the 1971 Code of
Ordinances is hereby repealed and reenacted with amendments to
read as follows
"2 -2 -12 BENEFITS; APPLICABLE STATE LAW
(a) All benefits to eligible persons shall become
payable from fund assets as provided by applicable state
law.
(b) Notwithstanding any provision of this Chapter to
the contrary, benefits and rights to benefits payable upon
the death or disability of a fireman occurring on or after
January 1, 1980 shall be those benefits set forth and
established by Part 10 of Article 30, Title 31, C R S 1973,
or as same may be subsequently amended
(c) Firemen hired on or after April 8, 1978 shall not
be covered by this Chapter but shall be covered under the
statewide plan established by Part 10 of Article 30, Title 31,
C R S 1973 and their benefits, rights and eligibility shall
be governed by said Part 10, or as same may be subsequently
amended
(d) The contributions of firemen to the pension plan
who are covered by this statewide plan shall be at the
same rate as members of the plan created by this Chapter.
(e) This Chapter and the plan set forth herein is
subject to and should be interpreted consistently with
Parts 8, 9 and 10 of Article 30, Title 31, C R S 1973,
or as same may be subsequently amended
SECTION 5
All resolutions and ordinances, or parts thereof, inconsistent
herewith are hereby repealed to the extent only of such inconsistency
If any section, paragraph, clause or provision of this Ordinance
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shall for any reason be held to be invalid or unenforceable, the
invalidity or unenford"eability of such section, paragraph, clause
or provision shall not affect any of the remaining provisions of
this Ordinance
SECTION 6
To the extent this Ordinance conforms city ordinances to
state law, this Ordinance becomes effective on the effective date
of the provisions of Parts 8, 9 and 10 of Article 30, Title 31,
C R S 1973; otherwise, this Ordinance is effective on final
passage and approval
INTRODUCED December 12 , 1983
By DOUGLAS L. RING
Councilman
APPROVED
/i
ATTEST � /// t ..e . 4 /.
P'res1dent of 't e City Council
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