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ORDINANCE NO. 2446
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF AMES ,
IOWA, FOR THE PURPOSE OF CHANGING THE DEFINITION OF "TEMPORARY
EMPLOYEE" RELATIVE TO THE UTILITY RETIREMENT SYSTEM, AND TO
CHANGE THE SCOPE OF THE SYSTEM WITH RESPECT TO STUDENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES ,
IOWA, THAT :
Section 1. Section 36-10004 of the Municipal Code of
the City of Ames , is hereby repealed and a new and amended
Section 36-10004 is adopted as follows :
Sec. 36-10004 . Definitions .
The following words and phrases , unless a different
meaning is clearly indicated by the context, have the
following respective meanings .
( 1) Beneficiary. Any person who has been designated in
writing by any employee to receive all or part of his death
benefits .
(2) Board. The board of trustees at any time acting
hereunder.
( 3) Creditable Service. The period beginning on the
date upon which an employee is first employed by the
utility and ending on the date of the latest separation
from employment, excluding any prior periods of employment
for which separation benefits were withdrawn, any inter-
vening periods during which the employee was separated
from employment following a resignation, a dismissal or
a lay-off in excess of thirty (30) days , and any period
after the employee attains normal retirement age, but
not excluding military duty and periods of disability
as herein defined.
( 4) Disability. The inability of an employee to
perform the duties of any assigned position within any
utility for any period exceeding sixty (60) days because
of mental or physical injury or disease which is not
self-inflicted, or due to drugs or alcoholism or incurred
in the commission of a felonious act. An employee is
considered to be disabled only during periods for which
the board shall receive both of the following:
(a) Written certification by at least two (2)
licensed and. practicing physicians approved
by the board that the employee is disabled
and unable to reasonably perform the duties
of any assigned position within any utility.
(b) Written certification by the administrative
officer of the employee that such employee
(1) Is not separated from the employment
of the utility and
(2) Is disabled and. is consequently not
entitled to any earnings .
( 5) Earnings . Compensation paid by the utility to an
employee for personal service.
(6) Employee. A person in the non-temporary employment
of the city who regularly receives , or is expected to
regularly receive in excess of ten per cent (100 ) of his
compensation from the utility of the city for personal
services rendered in connection with the operation, main-
tenance or management of the utility; however, a person
appointed by the city council must apply in writing to
the utility retirement board in order to qualify as an
employee of the utility.
2-
( 7) Temporary Employment. Temporary employment is
that employment which, at the time of entry thereon,
is not expected to continue for a period in excess of
I six months .
l ( 8) Highest Average Earnings . The monthly average
earnings during the sixty (60) highest paid consecutive
I months out of the one-hundred and twenty (120) months
,i immediately preceding the date of retirement or date
if disability was incurred.
i!
(9) Military Duty. Military duty is service in the
If armed forces of the United States of America or State of
Iowa during a period of declared war or national or state
emergency , provided the employee was employed by the
utility immediately prior to entry into the armed forces ,
t and further provided that the employee received an
!) honorable or general discharge from the service and j
returned to employment by the utility within sixty (60)
days of the date on which he shall have the right to
�f release from the armed service .
f!
(10) Regular Interest. The board of trustees , at a
I' meeting to be held early in each calendar year, will
determine the interest rate for employee contributions
to be computed for the preceding calendar year and
credited to the employee accounts as of December 31 of
that preceding year. However , for any year in which
+I the utility contribution exceeds five per cent (5`0) ,
y the interest credited to the employee accounts shall
be three per cent ( 3`0 ) .
lst reading (11) Retirement Income . A series of equal monthly
June 5, 1973 payments payable to a retired employee; the first payment
Calhoun-Huston to be made on the last day of the month following the
retirement date and the last payment to be made on the
Ayes : Pounds last day of the month in which death of the retired employee]
Calho n occurs . Except for those retired for disability retire-
Maxwell ment income shall be increased by twelve and one-half 1
Husto, per cent (12-1/20) effective January 1 , 1970 , for any
Nelso employee retired on or before December 31, 1969 .
Absent : Koeber
11 (12) Utility . Utility includes and is limited to any
2nd reading, water works , gas , electric light and power and water
pollution control plant managed, operated an owned by
Calhoun-Hus�on
June 19, 19'�3 the City of Ames .
Ayes : Maxwelli; Section 2 . Section 36-10005 of the Municipal Code of the 1
Husto City of Ames , is hereby repealed and a new and amended Section
Pound 36-10005 is adopted as follows :
Koerb r
Calhoun Sec. 36-10005. Scope of System.
Absent: Nelson
As to compensation they receive from a utility of the
City, all persons who were employees as defined herein, on
3rd reading February 1, 1964 , and have continued to be employees of the I
June 26, 19V3Ltility, and all persons , other than individuals who are students
Huston-Koerf}�d who devote their time and efforts chiefly to their studies
Ayes : Calhorr ather than to incidental employment , who thereafter become or
Maxwell will become employees before attaining the age of fifty-five ( 55)
Huston j years shall be included in this retirement system.
Pounds
Koerber i Section 3 . This ordinance is in full force and effect 7
Absent: from and after its passage and publication as required by law.
Nelson !�
((i Passed this 26th day of June 1973 .
l
Mary E./ aul , City Clerk Stuart N . Smith , Mayor
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