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HomeMy WebLinkAbout~Master - Including Solid Waste Plant Employees in Utility Retirement System ORDINANCE NO. 2487 AN ORDINAN CE AMENDING THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA BY REPEALING SECTION 36-10004 THEREOF AS SUCH SECTION HERETOFORE EXISTED AND ENACTING A NEW SECTION 36-10004 FOR THE PURPOSE OF INCLUDING WITHIN THE UTILITY RETIREMENT SYSTEM OF THE CITY OF AMES THOSE PERSONS WHO SHALL BE EMPLOYED AT THE SOLID WASTE RECYCLING AND DISPOSAL PLANT, MANAGED, OWNED .AND OPERATED BY THE CITY OF AMES. BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF AMES , IOWA: Section 1 . That Section 36-10004 of the Municipal Code as such section has heretofore existed be and the same is hereby repealed. Section 2 . That a new Section 36-10004 be and the same is hereby enacted 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 begin- ning on the date upon which an employee is first employed by the utility and ending on the date of the latest separation from employ- ment, excluding any prior periods of employment for which separation benefits were withdrawn, any intervening periods during which the employee was separated from employment following a resignation, a dismissal or a lay-off in excess of thirty (30)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 retire- ment age, but not including 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 employ- ment 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, maintenance 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. (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 six months . (8) Highest average earnings . The monthly average earnings during the sixty (60) highest paid consecutive months cut of the one hundred and twenty (120) months immediately preceding the date of retirement or date disability was incurred. (9) Military duty. Military duty is service in the 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, and further provided that the employee received an honorable or general discharge from the service and returned to employment by the utility within sixty (60) days of the date on which he shall have the right to release from the armed service. (10) Regular interest. The board of trustees , at a meeting to be held early in each calendar year, will determine the interest rate for employee contributions to be com- puted 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 the utility contribution exceeds five per cent (50) , the interest credited to the employee accounts shall be three per cent (30) . (11) Retirement income_. A series of equal monthly payments payable to a retired employee; the first payment to be rude on the last day of the month following the retirement date and the last payment to be made on the last day of the month in which death of the retired employee occurs . Except for those retired for disability retirement income shall be increased by twelve and one-half percent (12 1/2 �� ) effective January 1 , 1970 , for any employee retired on or before December 31, 1969 . -2- (12) Utility. Utility includes and is limited to any water works, gas, electric light and power, solid waste recycling and disposal plant , and water pollution control plant managed, operated and owned by the City of Ames . Section 3 . Any and all ordinances or parts of ordinance in conflict herewith are hereby repealed. Section 4 . This ordinance shall be effective from and after its publication as provided by law. Dated this 17th day of September 1974 . ) j 9 Mary E Paul, City Clerk William F. Pelz , &Vyor_ lst Reading - 8/27/74 Nelson-Koerber Voting aye : Calhoun, Huston, Koerber, Nelson, Pounds . Voting nay: None. Absent: Maxwell. 2nd Reading - 9/3/74 Nelson-Koerber Voting aye: Calhoun, Huston, Koerber, Maxwell, Nelson, Pounds . Voting nay: none. 3rd Reading 9/17/74 Nelson-Koerber Voting aye: Calhoun, Huston, Koerber, Maxwell, Nelson, Pounds . Voting nay: None. -3-