HomeMy WebLinkAboutOrdinance-2005-1353
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CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER SANG
Council Bill No. 17-2005
Ordinance No. 1353
Series of 2005
TITLE
AN ORDINANCE AMENDING CHAPTER 19 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING THE WHEAT RIDGE
POLICE PENSION FUND
WHEREAS, the City Council of the City of Wheat Ridge has all authority
pursuant to the constitution of laws of the state to enact ordinances for the preseNation
of the public health, safety and welfare, and
WHEREAS, the City Council has authority pursuant to C,R.S. S 31-30.5-101 to
create and administer a police pension plan, and
WHEREAS, in furtherance of this authority, the City Council has established a
Wheat Ridge police pension fund, and
WHEREAS, the Council has also established a police pension board to seNe as
trustee for the pension fund, and
WHEREAS, the Council wishes to adjust the membership of the police pension
board and make related changes to other sections of the Code of Laws pertaining to
the police pension fund
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS
Section 1 Subsections 19-51 (a) and (b) of the Wheat Ridge Code of Laws are
amended to read as follows'
Sec. 19-51. Establishment.
(a) There is hereby established the Wheat Ridge Police
Pension Fund, the purpose of which is to provide
retirement benefits for members of the city police
department. Members of the plan are defined as full-
time, paid, sworn police officers of the police
department of the city and all police dispatchers hired
prior to January 1, 1979.
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(b) The pension fund established herein shall be in the
form of a money purchase plan Tho phraso "money
purchase plan" moans a program under which momber
and city contributions arc accumulated with interest to
purchase a benefit at retiroment. The bonofit amount
is dotorminod by actuarblly convorting tho
accumulated sum in a mombor's rotirement account
into a monthly benofit basod on uniform actuarial
assumptions approved by tho board for such plans.
The term PLAN does not include a plan which provides
for minimum benefits or other defined benefits
Section 2 Subsections 19-52(a)(b) and (e) of the Wheat Ridge Code of Laws
are amended to read as follows.
Sec. 19-52. Operation.
(a) The POLICE PENSION FUND policomon's monoy
purchaso plan of the city shall be operated in
accordance with the laws and the statutes of the state
as provided in C R.S. tit. 31, art. 30.5 [9 31 30 101 ot
seEf:-]as amended, and as the same may later be
amended
(b) The police pension board shall serve as trustees for
the plan hereby created The members of the police
pension board shall be the mayor, the city treasurer,
the city clerk, the chief of police, and two (2) THREE
(3) members of the plan as defined herein, which
members of the plan shall be elected by the
membership of the plan One (1) such plan member
shall be elected annually for a twG- THREE-year term,
so that the two (2) THREE (3) elected board members
serve staggered terms as trustees, SUCH THAT ONE
MEMBER IS ELECTED EACH YEAR.
NOTWITHSTANDING THE FOREGOING, IN ORDER
TO ACHIEVE STAGGERED TERMS AMONG THE
THREE (3) ELECTED MEMBERS OF THE BOARD,
AT THE ELECTION HELD IN NOVERMBER, 2005,
TWO (2) MEMBERS SHALL BE ELECTED: THE
CANDIDATE RECEIVING THE HIGHEST NUMBER
OF VOTES SHALL BE ELECTED TO A THREE (3)
YEAR TERM, AND THE CANDIDATE RECEIVING
THE SECOND HIGHEST NUMBER OF VOTES
SHALL BE ELECTED FOR A TWO (2) YEAR TERM.
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The trustees shall receive no pay for services as
members of the board
(c)
(d)
(e) A plan document shall be prepared specifying the
operation of the money purchase plan, and detailing
handling of contributions, administration of the plan,
refunds upon termination, the manner of benefit
payments, and other information as required by
applicable state law or this article or as is deemed
necessary by the police pension board. A summary of
the plan document shall be provided to all members of
the plan, who shall thereafter be polled regarding their
approval of the plan as provide in C.R.S. 3 31 30
1003.2(2)(0) ~ 31-30.5-101 et seq. At such time as the
plan is approved by the members as required herein,
the same shall be forwarded to city council which shall,
by resolution, approve the plan.
Section 3. Subsection 19-53(a) amended to read as follows:
Sec. 19-53. Contributions - City.
(a) The city shall pay from the general funds of the city into
the police pension fund hereby created a sum monthly
as shall not exceed ten (10) percent of the monthly
salaries of all full-time paid, sworn police officers of the
police department of the city And:111 polico
dispatchers hired prior to Janu:1r/ 1, 1979. The city
council shall be empowered to establish on a yearly
basis the specific annual amount to be paid from the
general fund of the city into the police pension fund
Section 4 Subsection 19-54(b) is amended to read as follows.
Sec. 19-54. Same - Officers.
(b) TO AND INCLUDING DECEMBER 31, 2005, members
may also elect to contribute a supplemental amount
monthly to the fund, provided that the total amount
contributed monthly by any member, including
matching and supplemental contributions, shall not
exceed twenty-five (25) percent of the member's
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current monthly salary THIS SUBSECTION (B)
SHALL BE REPEALED AS OF JANUARY 1, 2006
Section 5 Severability. If any clause, sentence, paragraph, or part of this
Ordinance or application thereof to any person or circumstances shall for any reason be
judged by a court of competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this Ordinance or its application to other persons
or circumstances
Section 6. Effective Date. This Ordinance shall take effect immediately upon
adoption, as permitted by the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ---8- to -0....-
on this ..2.6..t.h day of September , 2005, ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge and Public Hearing and consideration on
final passage set for October 10 , 2005, at 7:00 o'clock pm, in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 1L- to ....Q..., this 10th day of October , 2005
SIGNED by the Mayor on this 11 th day of Oc tober
,2005
ATTEST
APPROVED AS TO FORM BY CITY
A~;~j!EY . / _.,
Jtl~
,Z;2n.aj/~' PtP~ ... -
GERALD E DAHL, CITY ATTORNEY
1 st Publication September 29, 2005
2nd Publication October 13, 2005
Wheat Ridge Transcript
Effective Date October 10, 2005
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