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HomeMy WebLinkAbout06662ORDINANCE NO. 6662 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE II OF THE PUEBLO MUNICIPAL CODE RELATING TO THE PUEBLO POLICEMEN RETIREMENT PLAN AND PROVIDING FOR SURVIVOR PENSION BENEFITS UPON DEATH OF CERTAIN ELIGIBLE MEMBERS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1 Section 2 -3 -19 of Chapter 3 of Title 11 of the Pueblo Municipal Code, as amended, is hereby amended by the addition of a new Subsection (e) thereto, to read as follows: Sec. 2 -3 -19. Regular, joint and survivor options. Ue Effective on and after October 25, 2000, upon the death of an active member who has twenty -five 25) or more years of credited service regardless of age and has achieved full eligibility to receive a pension prior to his or her death but who had not so retired prior to death, the lawful spouse of the member at the time of death shall receive for the life of such spouse, a reduced survivor pension actuarially equivalent to the reduced pension which would have been paid to such spouse had the member retired the day before his or her death, elected to receive the Option A joint and survivor pension available pursuant to Subsection (a)(1) of this Section, and designated such spouse as the surviving beneficiary. If such an eligible member was not lawfully married at the time of death the member's accumulated contributions shall be paid as provided in Section 2- 3 -24(b) SECTION 2 Subsection (d) of Section 2 -3 -24 of Chapter 3 of Title II of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 2 -3 -24. Refund of contributions. (d) Disputes. In the event conflicting demands are made upon the Board by a person nominated by written designation of a deceased member's legal representative pursuant to Subsection (b) above and the election of survivor benefits by a surviving lawful spouse of a deceased member pursuant to Sections 2- 3 -19(b) [or], (c) ore or 2- 3- 18(a)(2) of this Chapter, the Board shall resolve the conflict in favor of the election made by the surviving lawful spouse and shall, in such event, not pay accumulated contributions to the designated person or legal representative. SECTION 3 Subsection (b) of Section 2 -3 -37 of Chapter 3 of Title II of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 2 -3 -37. Disability or death on or after January 1, 1980. (b) Notwithstanding Subsection (a) of this Section, upon the death on or after August 10, 1998, of a member hired before April 8, 1978, who has twenty (20) or more years of credited service, and who was, at the time of death, either an active member or separated from service under Section 2- 3- 18(a), the surviving lawful spouse of such member may elect to receive survivor benefits provided under either Section 2- 3 -19(b) or (c) or Section 2 -3- 18(a)(2), whichever is applicable, in lieu of the spousal survivor benefits set forth and established by Part 8 of Article 31, Title 31, C.R.S., or as same may be subsequently amended. Upon the death on or after October 25, 2000, of a member hired before April 8 1978 who has twen -five 25) or more ,years of credited service, and who was, at the time of death, an active member, the surviving lawful spouse of such member may elect to receive survivor benefits provided under Section 2- 3 -19(b) or (e), whichever is applicable, in lieu of the spousal survivor benefits set forth and established by Part 8 of Article 31, Title 31. C.R.S., or as same may be subsequently amended. Any such election shall be irrevocable and constitute a waiver and relinquishment of benefits otherwise available under Part 8 of Article 31, Title 31, C.R.S. SECTION 4 This Ordinance shall become effective upon final passage and approval; provided, however, that the modifications to the Pueblo Policemen's Retirement Plan set forth in Sections 1 through 3, inclusive, of this Ordinance shall not become effective until the day after the date when the Board -2- of Directors of the Fire and Police Pension Association established pursuant to Section 31 -31- 201(1), C.R.S. (Vol. 9, 1997) shall decide to permit said modifications pursuant to Section 31- 30.5- 210(2), C.R.S. (Vol. 9, 1997); and this Ordinance is intended to apply only with respect to eligible "old- hire" members of said Plan who die on or after October 25, 2000. For such purpose, on its effective date, this Ordinance shall constitute and be construed to be a request by the City to so modify the Pueblo Policemen Retirement Plan. INTRODUCED: February 26, 2001 ATTEST: City Cl Passed and Approved: March 26, 2001 -3- By Patrick Avalos Councilperson