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HomeMy WebLinkAboutA002 - proof of publication, December 8, 1969 Proof of Publication in The LE GAL . 'gee.36-10003. Purpose. The ORDINANCE NO. 2321 purpose of this retirement AMES DAILY TRIBUNE system is to provide AN, ORDINANCE AMENDING — gconomy and efficiency by CHAPTER 36; REPEALING -furnishing an orderly means ARTICLE X;ESTABLISHING A *hereby employees who STATE OF IOWA,STORY COUNTY,ss. NEW •ARTICLE X TO BE ;have become aged or% DESIGNATED _ otherwise incapacitated W. T. Farley on oath "RETIREMENT SYSTEM" OF may be retired without ,THE MUNICIPAL CODE OF •hardship, and to provide depose and say that I am pqkli,&er, foreman THE CITY OF AMES, IOWA; certain benefits in con- of the AMES DAILY TRIBUNE, a daily INCLUDING DEFINITION OF nection therewith. TERMS: ORGANIZATIONS Sec.36-10004. Definitions. The newspaper, printed at Ames, Story County, AND RESPONSIBILITY OF A t•ollowing words and phrases, BOARD OF TRUSTEES; AND .unless a different meaning is Iowa; that the annexed printed ------------- ADMINISTRATION OF THE clearly indicated by the context, RETIREMENT FUND; •have the following respective 2 REPEALING ALL OR �1________________ DINANCES AND PARTS OF meanings: (1) Beneficiary. Any ORDINANCES IN CONFLICT w ' p�rson who has been ------------------------------------------- H,E R E W I T H A N D designated in writing by any `ESTAB ISHING AN EF- employee to receive all or was published in said newspaper for ------__- FECTIVE.DATE. part of his death benefits. .IT. IS ORDAINED BY THE (2) Board. The board of consecutive weeks, the first ___-----_ CITY COUNCIL OF THE CITY trustees at any time acting OF AMES, IOWA: hereunder. and the last of said publication was on the Section 1. Article X of Chapter =---(3) Creditable service. .36 of the Municipal Code of the The period beginning on the ---�th____ day of ___Ue�elrl �r______ City of Ames, Iowa, as hitherto ; date upon which an em- existing is hereby repealed. ployee is first employed by 19_69_, Section 2. A new article to be , -the utility and ending on the designated Article X of Chapter _date of the latest separation 36 is hereby added to the from employment, ex- -- --- -_L------ c Municipal Code of the City of cluding dny prior periods of Sworn to before me and subscribed ' my Ames, Iowa, as follows: employment for which DIVISION 1. GENERALLY presence by Iy�Tg?CW. Farley • � -separation benefits were Sec.36-10001.Reestablished. withdrawn, any intervening A retirement system to be periods during which the this -----9_th-_ ay of _1)'cember____ operated and maintained in employee was separated accordance with the from employment following __-- prbvisions of this article is a resignation,a dismissal or hereby reestablished, a lay-off in excess of thirty 44 s _Notary Public gee. 36-10002. Title. This -00) days, and any period in and for Story County. retirement system shall be after the employee attains known as the Ames Fees, $__1 1_0•00 Municipal Utility Retirement Svstem. normal retirement age, but '(61 Employee. A person in employee was employed by not excluding military duty the non-temporary em- the utility immediately prior (12 Utility. Utility includes 'and periods of disability as ployment of the City who to-entry into the armed and is limited to any water .herein defined. regularly receives, or is forces and further provided works, gas, electric light (4) Disability. The expected to regularly that the employee received and power and water inability of an employee to receive in excess of ten an Honorable or General pollution control plant pdrform the duties of any .percent (10 percent) of his Discharge from the service managed, operated and .assigned position within any .�,Pmpensa tion from the and returned to employment owned by the City of Ames. utility for any period ex- *artility of the City for per- by the utility within sixty Sec. 36-10005. Scope of system. deeding sixty (60) days w•sonal services rendered in (60) days of the date on As to compensation they receive because of mental or "connection with the which he shall have the right from a utility of the City, all physical injury or disease -operation, maintenance or to release from the armed persons who were employees as which is not self-inflicted, or management of the utility; service. defined herein, on February 1, due to drugs or alcoholism however,a person appointed (10) Regular interest. The employees and have continued to all b the City g employees of the utility, and all or incurred in the com y y Council must board of trustees, at a persons who thereafter become mission of a felonious act. apply in writing to the utility meeting to be held early in or will become employees before An employee is considered '.retirement board in order to each calendar year, will attaining the age of fifty-five iqf be disabled only during qualify as an employee of determine the interest rate (55) years shall be included in lieriods for which the board the utility. for employee contributions this retirement system. •sh'all receive both of the _ to be computed for the Sec. 36-10006. Employee con- following: preceding calendar year and tributions. Each employee shall (a) Written certification (7) Temporary Em- credited to the employee contribute five percent (5 per- by at least two (2) licensed ployment. Temporary accounts as of December 31 cent) of each payment of his 'add practicing physicians employment is that em- of that preceding year. earnings during period of approved by the board that ployment which, at the time the employee is disabled and of entry thereon, is not . (11) Retirement income. A current service until he attains series of equal monthly age sixty-five (65) or earlier unable to reasonably per- expected to continue fora form the duties of any period of excess of one- payments payable to a retires and excluding periods of assigned position within any hundred calendar days. retired employee; the first military duty and disability. utility. (8) Highest average ear- payment to be made on the Employee contributions shall be . (b) Written certification pings. The monthly average last day of the month deducted from earnings paid to by the administrative officer earnings during the sixty following the retirement each employee and shall im- °of the employee that such (60) highest paid con- date and the last payment to mediately be credited to the -employee secutive months out of the be made on the last day of retirement fund. The con- (1) is not separated one hundred and twenty the month in which death of tributions of each employee from the employment of the (120). months immediately the retired employee occurs. shall be accumulated in a 'utility and preceding the date of Except for those retired for separate account and the in- diability,retirement income terest credited thereon annually. (2) is disabled and is retirement or date disability shall be increased by twelve Sec. 36-10007. Utility con- copsequently not entitled V was incurred. and one-half percent (121/2 tributions. The utility shall any earnings. (9) Military duty. Military make contributions which, in `(,51 Earnings. Com• duty is servicein the armed percent) effective January .pensation paid by the utility forces of the United States of 1, 1970, for any employee addition to the contributions .of to an employee for personal. America or State of Iowa retired on or _ before employees, are required to December 31 provide the benefits under this service. during a period declared cem , 1969. retirement system. The annual war or nationall state contributions of the utility are to emergency, provided the be equal to the normal cost for the ,year required to provide benefits not provided for by (b) A joint and survivor Sec. 36-10028. Powers and employee contributions. option whereby death benefits duties. cumulated contributions and Sec.36-10008. Rights of utility to are waived and monthly benefit (a) The board of trustees regular interest accumulated discharge,discipline employees. Payments are reduced in return. may adopt such rules and ac- thereon. Nothing contained in this for an assured monthly benefit turial tables, and employ such The board did in 1969 and shall chapter shall be construed as a Payment, to a designated sur- agents,physicians,accountants, at least once in each five (5) limitation of the right of the viving spouse, during his or her actuaries or clerical assistance year period hereafter, cause to utility to discipline or discharge life or for a specified number of as it may deem necessary. be made an actuarial evaluation any employee with or without Payments. Decisions made by a majority of of the retirement system cause. (C)A variation of option (b) the six(6) voting trustees not showing the actuarial status of Sec. 36-10009. Benefits to provide for automatic con- inconsistent with the provisions the system, including the con- nonalienable. Benefits payable version of option (b) to option of this article shall be binding tributions required, and shall at any time under the retirement (a)as of the date of the death of and conclusive on all persons. make a report to the city council system shall not be subject in the spouse, if the spouse should The board is entitled to rely upon and officials. any manner to alienation, sale, predecease the retired em- the records of the city as to the DIVISION3. transfer, assignment, pledge, ployee. service, age or earnings of any RETIREMENT FUND attachment, garnishment, or DIVISION 2. employee or as to any other Sec. 36-10040. Source of encumbrance of any kind. Any BOARD OF TRUSTEES information pertinent to any revenues; use. All the con- attempt to alienate, sell, tran- Sec. 36-10023. Composition. The calculation or determination tributions made under the sfer,assign,pledge or otherwise retirement system is a trust and under this retirement system. provisions of the retirement encumber any such benefit, shall be administered by a board whether presently or thereafter (b) The board shall invest. system, together with the in of trustees composed of: The funds of the retirement system come thereon, shall constitute payable shall be void. Neither city's Director of Finance, two not currently needed for current the funds of this system and the retirement income nor the (2)city councilmen appointed by costs in investments proper for funds shall be held to pay the retirement fund, shall in any the mayor with the approval of the funds of the city under the benefits, retirement incomes manner, be liable for or subject the council, and three (3) laws of the state, and the board and expenses of administration to the debts or liabilities of any elected employees, one elected may sell any security belonging of this system and shall not be employee or retired employee.If by the water utility employees, to the retirement system. used for any other purpose. any employee or retired em- one elected by the electric Sec. 36-10029. Errors in corn- Sec.36-10041. Treasurer; surety ployee attempts to alienate, sell, utility employees and one putation of benefits board to bond required. The city transfer, assign, pledge, or elected by the water pollution correct. Should any change or treasurer is the treasurer of the otherwise encumber his benefits control employees at elections to errors in records, or error in retirement system and shall under the plan, any part held by the board of trustees. computation of any benefit, furnish a corporate surety bond thereof, or if reason of his The city treasurer and the city bankruptcy orr T other event; attorney to be voting officio . result in any member or to indemnify the board of beneficiary receiving-from this trustees for any loss which may whereby his benefits would hers without voting power. retirement system more or less result from any action or failure devolve upon or be transferred Sec. 36 10024. Election of than he would have been entitled to act on the part of the treasurer from him, the board may ter- trustees. Trustees shall be to receive had the records or or his agents. The bond shall be' minate his interest in any such nominated and elected by the computation been correct, the in such amount as the board may benefits and direct that his in- employees of the utility they are beard of trustees may correct designate and all reasonable terest be held for or applied to or to represent. Each employee the error, and as far as prat- charges for the bond shall be for the benefit of the employee or shall have a single vote. An ticable, adjust the payments in J P Y paid from the retirement fund. retired employee,his spouse,his employee receiving com- such a manner that the benefit to Sec. 36-10042. Deposits; ex- children,or other dependents,or pensation from two or more which the member or penditures. All the funds from any of them in such a manner as utilities shall, for voting pur- beneficiary was correctly en- the retirement system and the board may deem proper. poses, be considered an em- titled, shall be paid. securities belonging thereto Sec. 36-10010. Payment in event ployee of that utility from which Sec. 36-10030. Audit, acturial; shall be deposited with the city of legal incompetence. If a he receives the greater part of valuation of system to be made. treasurer. All payments of the retired or disabled employee or his utility compensation. The board shall cause the ac-. funds of the retirement system beneficiary receiving benefit Sec. 36-10025. Terms of office. counts of the retirement system shall be made through the city payments is under legal in- Terms of office for appointed to be audited annually by a treasurer only upon orders competence, payment may be members shall be for four years certified public accountant and finance signed by the director of fin made, at the discretion and and for elected members the shall submit an annual and only authorized in the direction of the board, to him terms shall be three years. statement to the city council as board of trustees. directly, to his spouse, his Members may be reappointed or soon after the end of each Sec.36-10043.Director of finance relative by blood or marriage, reelected. Terms of office shall calendar year as is possible. to furnish surety bond. The As legal representative, or to terminate and begin in ac- Such statement shall include a director of finance shall furnish cordance with the present balance sheet showing the a corporate surety bond to in- any other person who is deemed schedule of incumbents as of the financial condition of the system demnify the board of trustees for to be reliableand agrees to use date of this ordinance. Ap- as of the end of the calendar any loss which may result from the benefit for the maintenance pointments or elections will be year,a statement of receipts and any action or failure to act on the and support of the retired or term part vacancies for partial disbursements during each e part of such director of finance s disabled employee.The board is year, a detailed statement of, or his agents. The bond shall be the Sec. 36=10026. Compensation. investments and such additional in such amount as the trustees not required to see to the All trustees shall serve without statistics as are deemed plication of any payment and the compensation but shall be may designate and all payee's receipt shall be the P necessary for a proper con- reasonable charges for such complete discharge of the reimbursed for any reasonable sideration of the financial bond shall be paid from the liability for the payments. expenses or for any amount of condition of the system and shall retirement fund. Sec. 36-10011. optional payment earnings withheld because of annually prepare a report for Sec. 36-10044. Contributions p p Y attendance at a board meeting. each employee of his ac- plans. An employee, by written Sec. 36710027. Voting power. deducted from employee's pay; application made one year prior Each trustee is entitled to one withdrawal of contributions. to retirement, may request vote,except ex officio members, Any additional contributions approval of the board of trustees and at least the approval of the which may have been made for payment of benefits, in ac- majority of the six (6) voting under prior ordinances, with cordance with a sound actuarial trustees shall be necessary for regular interest thereon may be basis,under one of the following every decision or action by the withdrawn by the employee at options: board of trustees. any time, but normal con- (a) A straight life annuity tributions shall not be with- option whereby monthly drawn from this fund except as payments are increased on the provided for in this article. basis of a waiver of death benefits. ,ec. 36-10045. Debit of accounts Sec. 36-10070. Effect of reem- for benefits paid. In the absence ployment. If an employee (a) Upon the death of an of a waiver of death benefits by receiving an early retirement employee in service an amount the exercise of an option under income is reemployed by the equal to the sum of his ac- the provisions of Section 36- utility, the retirement income cumulated contribution and 10014, benefits paid to or on payments shall cease. Upon his regular interest accumulated behalf of an employee shall be subsequent retirement, his thereon. debited equally against the retirement income shall be (b) On the death of a employee's account and the determined as if he were then disabled or retired employee, account of the utilityuntil the first retired based upon his other than one who waived death benefits by the exercise of an employee's account is credited service at the 'time of option under provisions of exhausted. Thenceforth, any his prior retirement, plus the Section 36-10014, any amount benefits payable will be charged credited service following the remaining in his account of to the utility account. _ accumulated contributions. DIVISION 4. date of subsequent retirement. Sec. 36-10097. Manner of NORMAL RETIREMENT DIVISION 6 payment. Death benefits shall Sec. 36-10055. Retirement date; DISABILITY BENEFITS be paid in a single cash sum exception. The normal sec. 36-10081. Accrual date. unless the employee prior to his retirement date shall be the first Disability benefits, when ap- death shall have designated that day of the month following the proved by the board upon his death benefit shall be paid to month in which an employee in written application therefor, his beneficiary in monthly in- service or a disabled employee begin to accrue the day following stallments of not less than attains the age of sixty-five (65). the day on which earnings cease twenty dollars ($20.00) per Each employee shall be retired to be paid. month, in which event a sum upon attaining his own Fee.36-10082.Amount,duration. equal to the death benefit which retirement date,except that the Each employee incurring a would otherwis,� have been city council may grant per- disability as herein defined is mission for extension of his entitled to a monthly disability employment for a period of up to benefit of fifty percent (50 payable as a single payment in a one year, only upon recom- percent) of his highest average single cash sum,shall be paid to mendation of his administrative earnings. The benefit continues the beneficiary as soon as officer. during the period of disability practicable after receipt and Sec. 36-10056. Amount of until the day upon which the first approval by the board of a payment. Each employee of the following occurs. certified copy of the death retired on his normal retirement (a) Disability ceases in certificate. date is entitled to a monthly accordance with the cer- DIVISION 8 normal retirement income equal tification of a physician ap- SEPARATION BENEFITS to one and one-half per percent proved by the board. Sec. 36-10108. When payable. (11/2 percen0of his highest (b) Earnings again become Upon termination of em- average earnings for each year payable. ployment by resignation or of creditable service. (c) Employee refuses to dismissal the employee shall be Sec. 36-10057. Effect of reem- submit to a reasonable physical paid the amount of his ac- ployment. If an employee examination by any physician cumulated contributions, except receiving a normal retirement approved by the board. that any such employee may income is reemployed by the (d) Employee attains age elect not to withdraw such ac- utility, the income payment cumulated contributions as were p q Sec. 36-100 on his subsequent shall cease.U sixty-five . dies. 0083. Manner of made prior to February 1, 1964. retirement, the original normal payment. All disability benefits Sec. 36-10109. Manner of retirement income payments are payable monthly as of the payment. Separation benefits shall be resumed and no ad- end of each callendar month shall be paid in a single cash ditional benefits shall be during which any disability sum as soon as practicable after provided. benefits accrued, and payments receipt by the director of finance DIVISION 5. for fractional parts of a month of a written notice from the EARLY RETIREMENT shall be determined by prorating employee's administrative of- Sec. 36-10068. Retirement date. the monthly benefit for the total ficer that the employee has been The early retirement date shall number of days in the month separated from employment. be the first day of any month during which benefits are Section 3. All ordinances and after an employee attains age payable. parts of ordinances in conflict fifty-five (55) and completes at Sec. 36-10084. Reduced if herewith are hereby repealed. Section 4. After its passa�e least ten (10) years of service receiving other compensation. and publication as provided y credits and before his normal Not withstanding any provisions law,this ordinance will be.in full retirement date. An employee is to the countrary, if any em- force and effect January 1,1970. entitled to retire or may be ployee receives, or is entitled to Passed this 2nd day of retired on his early retirement receive, any compensation December, 1969. date. under and.by virtue of the Work- Stuart N. Smith, Sec.36-10069.Amount of income. men's Compensation Act, the Mayor Each employee who retires or is disability payments due under Louise Whitcome, retired on his early retirement this system shall be reduced by City Clerk date shall be entitled to a the amount due under the Work- Published in The Ames Daily monthly retirement income men's Compensation Act. Tribune, December 8, 1969. determined in the same manner DIVISION 7 as the normal retirement in- DEATH BENEFITS come, based upon his service Sec. 36-10095. Date to begin. As credits to his early retirement of the date of death of any em- date, but reduced at the rate of ployee in service of any one-half percent(1/2 percent) for disabled or retired employee, each month his early retirement the beneficiary is entitled to the precedes his normal retirement death benefit as herein provided. date. Sec. 36-10096. Amount. The amount of death benefit shall be as follows: