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HomeMy WebLinkAbout~Master - Amending Certain Sections of Ordinance 607 (Retirement System) i j ORDINANCE NO. 632 AN ORDINANCE X1IENDING ORDINANCE NO. 607, PARTICULARLY SECTIONS 3, 4, 51 7, 91 10, and 11 OF ORDINANCE No. 607. Be It Ordained by the City Council of the City of A,__es, Iowa: I That Sections 3, 4, 51 7, 9, 10, and 11 of Ordinance No. 607 of the City Ordinances of the City of Ames , Iowa, are each and all hereby specifically repealed, and that the following shall here- after be xnown respectively as -Sections 3, 4, 5, 7, 9, 10, and 11 of Ordinance No. 607 : i "Section 3: Purpose The -.Dtrpose of this retirement System is to provide economy and efficiency by furnishing an orderly ideans where- i by Employees who have become aged or otherwise incapacitated may be retired without hardship, and to provide certain benefits in connection therewith. Section 4: Definitions The following words and phrases , unless a different meaning is clearly indicated by the context, shall have the following respective meanings : 1. City The City of Ames , Iowa. 2. Utilities Utilities shall be limited to any waterworks, _as, or electric lizht plants, managed, operated and owned by the City of Ames, Iowa. 3, Board The Board of Trustees at any time acting hereunder. 4. Employee I A person in the employment of the Utilities of the City of Xmes, Iowa on or after the effective date of this ordinance who received regular compensation from the said Utilities for personal services rendered in connection with the opera- tion, maintenance or manar,ement of the said Uti-iities of the City in a position ordinarily requiring; 1200 hours per year or more. 5. Earnings Amounts paid by the City to an Employee of the Utilities for personal services. Earnings prior to the effective date will be assumed to be at a rate equal to the average of the earnings during the period of service within the three years immediately preceding the effective date of this ordinance. 6. Prior Service The period beginning on the first day upon 4iich any Employee was first erriNloyed by the Utilities and ending on the effective date hereof excluding the intervening periods during;; which such Employee was separated from the service following, a resignation, dismissal, lay-off or expiration of any term of appointment, but not excluding active military service of the state or nation. 7. Current Service The period beginning on the first day upon which the Employee first becomes a participating employee and ending on the day of the latest separation from service of the Utilities, excluding all intervening periods other than those during emergencies in which the Employee was in active militar service of the state or nation but including resignations, dismissal and lay-off in excess of thirty (30) days. 1 8. Annuity A series of uniform monthly payments parable to a re- tired Employee, the first such payment to be made as of the beginning of the month following the date such annuity be- gins and the last payment to be made as of the beginning of the month in which death of the retired Employee occurs. 9. Effective Date This ordinance shall be in full force and effect upon passage and -,)ublication as provided by law. Notwithstand- ing any provisions to the contrary, no benefits other than Disability or Death to be paid before January 1, 1947. 10. Regular Interest 310 per year compounded annually. ll. Beneficiary Any person who shall have been designated in writing by any participating employee to receive all or part of the death benefits to which such employee had or might become entitled. Section 5: 1;mployees Included All persons who are Employees, as defined herein, on the effective date and all persons wh:, thereafter become Em- ployees , as defined 'herein, shall be included in this system. - Section 7 : Credits to Employees For the purpose of determining the amount of any Annuity or benefit to which an Employee or beneficiary shall be en- titled, each participating Employee shall be credited with the following amounts, as of the dates specified: A. For prior service, each participating Employee who is an Employee on the effective date, shall be credited, as of such date, with a prior service credit of an amount equal to - the accumulated value, as of such date, of the contributions which would have been made during; the entire period of prior service as such. ;employee, assuming: 1. The earnings of such Employee to have been uniform over such period and equal to the monthly earn- ings outained by dividing the total earnings during the period of three calendar years immediately preceding the effective date, by the number of months in such period Burin= which any earnings were received by such Employee. 2. The rate of contribution to have been 10 . 3. The contributions for each calendar year to have been made at the end of such year and 4. The contributions to have accumulated with interest at the rate of 3% per annum compounded annually. $. For current service , each participating Employee shall be credited with: 1. Additional credits of amounts equal to each pay- ment of additional contributions received from such i Employee, as of the date the corresponding payment of earnings is payable to the Employee. 2. Normal credits of amounts equal to each pay- ment of normal contributions received from such Employee, as of the date the corresponding y.)ayment of earnings is payable to the Employee. -2- f 3. Utilities credits of amounts equal to each normal credit of each Employee , as of the date of each corresponding normal credit. C. For periods of disability, each Employee receiving disability benefits shall be credited as of the end of each month with normal credits and the Utilities credits the same as though the Employee had been working regularly and re- � ceiving regular earnings. D. For re-entrance into service upon termination of an Annuity, each Employee so re-entering shall be credited, as of the date such Annuity is terminated, with additional, i normal, Utilities and prior service credits of amounts equal to the then present value of the portion of the terminated � Annuity which was originally yrovided by the corresponding t -pe of credit. The credits of each individual participating Employee shall be accumulated in a separate account for each type of credit, and interest shall be credited thereorI, at the regular rate. ,Upon the Crm ting of a retirement Annuity, a death benefit or a separation benefit, for any Employee, all the individual accumulated credits of such Employee shall thereupon be terminated. Section 9: Retirement Annuities The following, described persons shall be entitled to Retirement Annuities, beginning; on the dates hereinafter specified. A Any participating Employee who, regardless of cause', is se:jarated from the service of the Utilities of the City of Ames at any time after the accumulation of all credits of any such Employee are sufficient to provide an immediate Annuity of at least <A0.00 per month. B. Any such Annuity shall begin on the date specified by the Employee entitled thereto, in a written application therefor, provided: 1. Such date is not prior to the date of separation frora the Utilities b:.vr which such Employee was employed, 2. Such date is not more than sixty (60) days Vrior to the date of receipt of such application by e Board. 3. The Employee has attained at least age fifty- five. C. The amount of any retirement AI-,nuity shall be the sum of the following, all determined from credits appiicable to the Eaployee in accordance with the re€ular rate . of nterest and the approved actuarial tables in effect at the time : 1. The Annuity which can be provided from the total accimmulated normal and additional credits with Interest thereon to the date the Annuity begins. 2. The Annuity which can be provided from the total accumulated Utilities credits with interest thereon to the date the Annuity begins; provided that such Annuity shall not exceed the Hnnuity which would have been -,provided ,m the date the Employee attained ge sixty-five (65) from Utilities credits on such ate with interest thereon to such date, and; provided that such Annuity small not exceed an amount which would make the total of the annuity provided from accumulated normal and Utilities credits with interest _,.,thereon exceed 60 0 of the average of the earnings dur- ing the period of service within the three completed calendar years preceding retirement, and -3- i 3. The Annuity which can be provided from the total accumulated prior service credits with interest thereon to the date the Annuity begins; provided that such Annuity shall not exceed an amount which would make the Annuity otherwise available from the normal, Utilities and Ljrior service credits equal to the Annuity which would have been provided from the total accumulated normal, Utilities and prior service credits with interest thereon to the date the Employee attained age sixty- five (65) or to the effective date of participation, whichever is later, assuming that the Employee were then exactly age sixty-five (65) , and; provided that such Annuity shall not exceed an amount which would make the total of the Annuities :Provided from the accumulated normal, Utilities and prior service credits with interest thereon, exceed 50%, of the average of the earn- ings during the period of service within the three completed calendar years preceding retirement. D. Notwithstanding the fact that any Annuity is payable for life, if any Annuitant receiving a retirement Annuity again beco lies an 'Employee, the Annuity -payable to the Em- ployee at that time shall be terminated as of the end of the calendar month prior to the date u-;,)on which such person again becomes an Employee. Section 10: Disability .benefits The following described persons shall be entitled to disability benefits, beginning on the dates, and continuing for the periods, hereinafter specified: A. Any participating Employee who is less than age sixty-five (63) and is unable to perform the duties of any assigned position for any period exceeding__;. thirty days, be- causel of mental or physical disability. B. Such benefits shall begin tc accrue on the thirty- first day followin,-- the date upon which such disability was incurred, unless : 1. Written application for such benefits is not eceived by the Board within sixty days of such accrual date, in which case, benefits shall begin to accrue on the day sixty days prior to the receipt of such appli- cation, or 2. All earnings have not ceased to be 1Dayabie to such }�tiployee on such accrual gate, in which case, benefits shall begin to accrue on the day following the day for which the last payment of earnings is iiade by the City. C. Such benefits shall continue during, the period of disability until the beginning of' the day upon which the first of the following occurs : 1. Disability ceases in accordance with the certi- fication of a physician approved or appointed by the Board. 2. Earnings again becomes payable. 3. ,efusal to submit to a reasonable physical examination by any physician approved and appointed by the3oard. 4. Attainment of age sixty-five (65) . 5. The amount of Retirement Hnnuity, to Which such �Mployee would immediately be entitled from accumulation of normal, Utilities and prior service credits , if separated from the service, equals the amount of the disability benefit. -4- f A participatinr- employee shall be considered disabled only during periods for which the Board shall have received: A. ',,"fritten certification by at least two licensed ! and practicing, physicians approved or appointed by the Board, that the Employee is disabled and unable to reasonably perform the duties of any assi-ned position, and B. 'dritten certification by the Administrative Officer by whom said vuployee is employed to the Board 'that such Employee : 1. Is not separated from the service of the City, and 2. Is disabled and as a consequence is not entitled to any earnings from the City. A physical examination shall be required for all Em- ployees of the Utilities within thirty (�0) days from the date of enactment of this ordinance, and a physical examination shall be required before any new Employee shall become a participating member of this System. ' The amount of any disability shall be 506�) of the earnings which would have been paid to such Employee, had the Employee continued in service for the entire period during which dis- ability benefits are payable, on the assumption that the rate of earnings during this entire period would have been equal to the rate of earnings of the Employee on the date such dis- ability occurred. All disability benefits shall be payable once a month as of the end of each calendar month during which any dis- ability benefits accrued, and payments for fractional parts of a month shall be determined by prorating the monthly benefit for the total number of days in the month during which benefits are payable . Notwithstanding any provision to the contrary, if any Employee receives or is entitled to receive any compensation under and by virtue of the "Workmen' s Compensation Act, " the disability payments due under this System shall be reduced by the amount due under the said "Workmen' s Compensation Act. " Section 11: Death Benefits A. The following described persons shall be entitled to death benefits, in the form and at the time hereinafter specified: 1. The beneficiary of any participating Employee or of any Annuitant, on the date of death of such Employee or Annuitant. 2. Such death benefits shall be paid in the form of a sine-le cash sum unless the Employee prior to his death shall have designated a beneficiary or beneficiaries and shall have designated that his death benefit be paid in monthly instalments of not less than `M .00 per month, in which event a sum equal to the death benefit which would otherwise have been payable as a single cash sum ' shall be paid as so designated. 0 3. Whenever any death benefit is payable in a single cash sum, it shall be paid to the designated beneficiary as soon as practicable after receipt by the Board of a certified copy of the death certificate of the Employee or Annuitant. B. The amount of death benefit shall be : -5- i i 1. Upon the death of an Employee w:c.ile an Employee, an amount equal to the sum of the accumulated normal and additional credits of such employee or �11000.00, whichever is greater,, at the date of death of such Employee. 2. Upon the death of an Employee after such person ceases to be an Employee, but before becoming an Annuitant, an amount equal to t4--e sum of the accumulated normal and additional credits of such Employee on the date of death. 3. Upon the death of an Annuitant receiving a Retire- ment Annuity, the excess of the death benefit which would have been paid had the Employee died in service on the date of Retirement, over the sum of all Annuity payments made to such beneficiary. " All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. This amendment to ordinance No. 607 of the City Ordinances of the City of Ames, Iowa, shall be in force and effect from and after its passage and publication as provided by law. Dated this 5th day of MpL'y , 1947. I Mayor ' Attest : City Clerk Moved by Palmer, seconded by McCormick, that Ordinance No. 632 be passed on its first reading. Voting Aye: Gray, Knight, McCormick, Acheson, MacDonald, Palmer Voti-ng Nay: None Moved by MacDonald, seconded by Palmer, that the rules be suspended., the second and third readings omitted and Ordinance No. 632 placed on final passage. Voting Aye: Gray, Knight, McCormick, Acheson, MacDonald, Palmer Voting Nay: None Moved by Knight, seconded by McCormick, that Ordinance No. 632 do now pass. Voting Aye: Gray, Knight, McCormick, Acheson, MacDonald, Palmer Voting Nay: None Mayor declared Ordinance No. 632 passed. I, J. Wo Prather, City Clerk of the City of Ames, Iowa, do hereby certify that the above and foregoing Ordinance No. 632 was duly and properly passed at a meeting of the City Council on the 5th day of May, 1947, and published in the Ames Daily Tribune on the 7th day of May, 1947". . ra er, styClerk I