HomeMy WebLinkAbout~Master - Relating to Utility Retirement System • I r
ORDINANCE NO. 2494
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF AMES,
IOWA, BY REPEALING SECTION 36-10004, 36-10005, AND 36-10056 WITH
RESPECT TO THE UTILITY RETIREMENT SYSTEM AND ENACTING NEW SECTIONS
36-10004 , 36-10005 AND 36-10056 FOR THE PURPOSE OF REMOVING THE
CEILING ON UTILITY CONTRIBUTION TO THE SYSTEM, INCREASING THE
RATE OF INTEREST PAID ON EMPLOYEE CONTRIBUTIONS, INCREASING THE
MAXIMUM AGE OF ELIGIBILITY FOR THE SYSTEM, AND PROVIDING FOR
INCREASE OF BENEFITS TO RETIRED EMPLOYEES TO COMPENSATE FOR
INCREASES IN THE COST OF LIVING.
BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF AMES,
IOWA:
Section 1. That Sections 36-10004, 36-10005, and
36-10056 of the Municipal Code of the City of Ames as said
sections have heretofore existed be and the same are hereby
repealed.
Section 2 . That there;be adopted new Sections 36-10004 ,
36-10005, and 36-10056 to read as follows :
Sec. 36-10004. Definitions.
(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for which separation benefits were withdrawn,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 employement following
a resignation, a dismissal or lay-off in excess
of thirty (30) days , and any period after the
employee attains normal retirement 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.
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(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 percent (100) of his com-
pensation 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 a 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 (6)
months .
(8) Highest average earnings . The monthly
average earnings during the sixty (60) highest
paid consecutive months out 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 computed for the
preceding calendar year and credited to the
employee accounts as of December 31 of that
preceding year.
(11) Retirement income. A series of equal
monthly payments payable to a retired employee;
the first payment to be made 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 . Retirement income for persons
already retired may be increased by the Board
of Trustees in recognition of inflationary
increases in the cost of living in such amounts
and proportions as the Board of Trustees , in
the exercise of their discretion, shall deem
appropriate and after two (2) readings before
the board. However, if such increase in
retirement income will have the effect of
increasing the amount of contribution required
from the funds of the utility, such increase
in retirement may be vetoed by resolution of
the City Council or by refusal or failure of
the City Council to appropriate the required
contribution at the time the annual budget
for utility operations in prepared and approved.
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(12) Lrtility. 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 manager, operated and owned by the City
of Ames .
Sec. 36-10005 . Scope of system.
As to compensation they receive from a utility
of the city, all persons who were employees as
defined herein, on February 1 , 1964, and have
continued to beemployees of the utility,
and all persons , other than individuals who as
students and who devote their time and efforts
chiefly to their studies rather than to
incidental employment, who thereafter become or
will become employees before attaining the
age of sixty (60) years shall be included in
the retirement system.
Sec. 36-10056 . Amount of payment.
Each employee retired on his normal retire-
ment date is entitled to a monthly normal
retirement income equal to one and six-tenths
percent (1. 60) of his highest average earnings
for each year of creditable service. In
addition to the aforesaid normal retirement
income, a retired employee may receive such
additional retirement income as is, from
time to time, authorized by the Board of
Trustees pursuant to section 36-10004 (11)
hereof. The 1. 6 formula shall be used to
figure all retirements that were made after
January 1 , 1974.
Section 3 . All ordinances and parts of ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
Section 4 . This ordinance shall be in full force and
effect from and after its passage and publication as required by
law.
Passed this 17th day of,- December 19 74.
Y
Mary E. maul, City Clerk William F. Pelz, MaY,6r
lst - Reading - No'7ember 26, 1974
Nelson-Koerber
Voting aye: Calhoun, Huston, Koerber, Maxwell, Nelson, Pounds .
Voting nay: None/
2nd Reading - December 3, 1974
Nelson-Huston
Voting aye: Huston, Koerber, Maxwell, Nelson.
Voting nay: None. Absent: Calhoun, Pounds .
3rd Reading - December 17, 1974
Pounds-Huston
Motion (Nelson-Maxwell) to amend by in accordance with
suggestions filed by Kenny Moravetz . (MC)
Voting aye: Calhoun, Huston, Koerber, Maxwell, Nelson, Pounds .
Voting nay: None.
Mayor declared the ordinance duly adopted.