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HomeMy WebLinkAbout07756ORDINANCE NO. 7756 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE II OF THE PUEBLO MUNICIPAL CODE RELATING TO FIRE PENSIONS AND THE COMPOSITION OF BOARD OF TRUSTEES OF THE PUEBLO FIREMEN'S PENSION FUND BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1 Sections 2 -2 -1 and 2 -2 -2 of Chapter 2 of Title II of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 2 -2 -1. Creation of Pension Fund; membership of Board. There is hereby created in the City the Pueblo Firemen's Pension Fund, which shall be administered by a Board of Trustees composed of the President of the City Council, the Director of Finance, the City Clerk and three (3) [regular] active or retired members of the City Fire Department. Sec. 2 -2 -2. Election; Fire Department members; terms; filling vacancies The three (3) [regular] active or retired members of the City Fire Department who shall be members of the Firemen's Pension Fund Board shall be selected in the following manner: During the month of December, the members of the Fire Department shall conduct an election by secret ballot at which all active and retired members of the Fire Department shall be eligible to vote, for the purpose of determining membership on the Board. Members shall be elected for terms of two (2) years each. Such election shall be held in December of each year; one (1) member of the Board to be elected in each even - numbered year, and two (2) members to be elected in each odd - numbered year following the original election of the members of the Board, such members of the Board to take office on the first day of January following their election. In case any member so elected to the Board shall become unable or ineligible to serve on the Board by reason of death[,] or disability [or retirement,] or for any other cause, a special election shall be held to fill the vacancy so created for the remainder of the unexpired term. As used in this section and Section 2- 2-1 of this Chapter, "retired member' shall mean a former uniformed employee of the City fire department meeting the qualifications set forth in Section 2 -2 -10 of this Chapter, and shall not be taken to include any family members of such present or former employees. SECTION 2 This Ordinance shall become effective thirty (30) days after final passage and approval; provided, however, that notwithstanding the foregoing, this Ordinance shall not become effective (a) unless approved by sixty -five percent of the active and retired members of the Pueblo Firemen's Pension Fund and (b) unless the Board of Directors of the Fire and Police Pension Association established pursuant to section 31 -31- 201(1), C.R.S. (2006) shall decide to permit said modifications pursuant to Section 31- 30.5- 210(2), C.R.S. (2006). Final passage and approval of this Ordinance shall constitute, and be construed to be, a request by the City to FPPA to permit the said modifications to the Pueblo Firemen's Pension Fund set forth in this Ordinance. INTRODUCED February 11, 2008 PASSED AND APPROVED: February 25, 2008 Ord. 115(0 n L: K C:) Background Paper for Proposed ORDINANCE DATE: February 11, 2008 AGENDA ITEM X . 90' DEPARTMENT: Pueblo Fire Pension Board of Trustees Robert Hudgens, Chairman City Clerk's Office Gina Dutcher, MMC TITLE AN ORDINANCE AMENDING CHAPTER 2 OF TITLE II OF THE PUEBLO MUNICIPAL CODE RELATING TO FIRE PENSIONS AND THE COMPOSITION OF BOARD OF TRUSTEES OF THE PUEBLO FIREMEN'S PENSION FUND ISSUE Should the City Council approve the Ordinance changing the composition of the Board of Trustees of the Pueblo Firemen's Pension Fund to include Retired Members of the City Fire Department. The Pueblo Firemen's Pension Fund Board of Trustees recommends adoption of the Ordinance. BACKGROUND There are currently six active members of the Old Hire Firemen's Pension Fund. Of these six members, three will be retiring in 2008 and one will be retiring in 2009. According to Section 2 -2 -1 of the Municipal Code of Ordinance, the Board of Trustees shall be composed of the President of the City Council, the Director of Finance, the City Clerk and three (3) regular or active members of the City Fire Department. Because of the shortage of active members, the Old Hire Pension Board of Trustees would like to include Retired Firefighters who are also members of the old hire pension plan for the purpose of determining membership on the Board of Trustees. However, changing the current membership of the Board is not required by law and the decision to do so is at the sole discretion of Council. FINANCIAL IMPACT None