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HomeMy WebLinkAbout05133 AMENDED January 23, 1984 a,. x . 0 / ! ° -! 44 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II of the 1971 Code of Ordinances relating to fund assets and the holding, management and investment thereof are hereby repealed in their entirety and reenacted as a new Section 5 to read as follows: "2 -2 -5 FUND ASSETS AND INVESTMENTS.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 -2- 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 -3- 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 Ir / / Ci y C '" _ -4-