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HomeMy WebLinkAbout2152 ORDINANCE NO. 2152 , AN ORDINANCE relating to the Retirement and tension System of the City of Bremerton, amending Sections 5(a), 9(b), 12(a), 14(b), 18, 19, 23; repealing the first paragraph of paragraph b, Section 18; and add- ing a new Section 5(e) to Ordinance No. 1572 aS ~aended, and declaring an emergency. THE CITY OF BRE~iERTON DOES ORDAIN: Section 1. 'hat Section 5 (a) of Ordinance No. 1572 as amended, be and the same is hereby ~nended to read as follows: "Section 5. (a) The normal rate of contributions of members shall be those adopted by the Board of Administration, sub- ject to the approval of the City Council, and for the first ~five-year period such rates shall be based on sex and on age ~ ,~ of entry into the Retirement System, which age shall be the ~ ~ age at the birthday nearest the time of entry into the System. ~ he rates so adopted shall remain ~n lull force and effect I~ u~til revised or change~ by the Board of Administration in .~ the manner provided in Section 7 of this Ordinance. The nor- mal rates of contribution shall be those set by the Board of Administration and shall be based on the recommendations of the consulting actuary and the quinquennial actuarial survey of the Oystem. 'Z'he normal rate established for age sixty- one (61) shall be the rate for any member who has attained a greater age before entry into the Retirement System. The normal rate of contributions for age Swenty (20) shall 0e the rate FOr any member who enters the Retirement System at an earlier age." Section 2. Section 5 of Ordinance No. 1572 as amended, is hereby amended by adding thereto a new section entitled paragraph (e) Section 5, to read as follows: "Section 5. (e) Nhen the integration of the Pension and~ Betirement Plan of the City of Bremerton with the Federal Social Security Act as amended has been approved, the amount required to be paid as social security from January l, 1955 to date, both as the employee's contribution and as the' City's contribution, shall be paid f rom the ~etirement Fund and shall reduce the amount credited as employees, contri- butions and the City Matching equally. Thereafter, the a-  m ount required to be paid to the State De~rtment of Social Security as employees contributions shall be deducted from the employees normal contributions each pay period, and a like amount shall be deducted from the City Matching Contri- butions as the employer,s share each pay period. Members of the retirement system whose accounts have been frozen, shall pay their employee's contribution to Oocial Security  retroactive to January l, 1955, or to such date as their ~ accounts were frozen, if such freezing was after January l, 1955, and the City shall match such retroactive payment," Section 3. ~'hat the fourth paragraph of paragraph (b) Section 9 of Ordinance No. 1572 as amended, be and the same is hereby ~nended to read as follows: "Section 9. (b) Each member of the Oystem shall be en- titled to vote at said election for one person as a member of said Board. The Oity Clerk shall appoint two employees of the City of Bremerton as officials of said election who shall be allowed their regular wages for said day but shall receive no additional compensation therefor. Said election shall be held in the Office of the City Clerk in the..City Hall, and such other places outside of the City Hall as shall be designated b~ the Clerk as aforesaid. The polls shall be open from ?:30 a.m. and close at 5:30 p.m. and the nominee receiving the highest number of votes at said election shall be declared elected a member of said board, and his term shall commence on the first Monday in September following said election, provided that not more than thirty days af- ter the taking effect of this Ordinance a special election shall be held to elect three members of said Board, one to serve until the first Monday in September, 1945, one to serve until the first Monday in Se2tember, 1946, and one to serve until the first Monday in September, 1947. ~£he City Clerk shall fix the time for the filing of notices of nominations allowing not less than five days for that purpose and shall fix.:~the date for said special election, which shall not be less than five days after the expiration of the -time £ixed ORDINANCE NO. 2152 (Con't) for the filing of notices of nomination. Said special election shall in every other respect be governed by rules of this section providing for the holding of the regular election of members of the said Board." Section 4. That paragraph (a) Section 12 of Ordinance No. 1572 as amended, be and the same is hereby ~aended to read as follows: "Section 12. (a) Should 'the service of a member be dis- continued, excspt by death or retirement, he shall be paid no later than six (6) months after the day of discontinu- ance such part of his accumulated contributions as he shall demand. Provided, however, that a member ma~ appeal to the Board and by unanimous vote, the Board may grant a request for immediate withdrawal of contributions. If, in the op- inion of the Board, such member is permanently separated from City service by reason of such discontinuance, he shall be paid forthwith all of his accumulated contributions with interest; And, provided also, that the Board may, in its discretion, withhold for not more than one (1) year after the member last rendered City service all or part of his ac- cumulated normal contributions if after a previous discon- tinuance of 0ity service he withdraws all or part of his ac- cumulated normal contributions and failed to redeposit such withdrawn amount in the Retirement Fund as provided in this Section; Provided, further, that the amount deposited by the City in the Retirement Fund for such member's benefits, plus interest, shall be retained by the system towards meet- ing the obligations of the City on account of prior service. Any member may re-deposit in the retirement fund an amount equal to that which he previously withdrew therefrom at the last termination ofhis membership, such re-deposit to be paid into the retirement fund in accordance with rules es- tablished by the ~oard. If a member, upon re-entering the Retirement System after termination of his membership, shall not make a re-deposit as hereina~ove provided, the rate of his contributions shall be that of his age on the nearest birthday on the date of his re-entrance, as provided for in Sub-division (a) of Section 5; Provided: Such cases shall be reported to the Civil Service Commission for any action deemed necessary under existing circumstances. In the e- vent such re-deposit is made by a member, an amount equal to the accumulated normal contributions so re-deposited shall again be held for the benefit of said member, and shall no longer ~e included in the amounts available to meet the obligations of the City on account of benefits that have been granted or liabilities that have been assumed on account of prior serv~e of members, and the City shall re- instate the prior service credit for such member." Section 5. That paragraph (b) of Section 14 of Ordinance NO. 15~2, be and the same is hereby amended to read as follows: "Section 14. (b) If the retirement allowance of the member as provided in this section, exclusive of any annuity purchased by his accumulated additional contri- butions, is in excess of two-thirds of his final salary, ~ the pension of the.~e~ber, purchased by the contri- ~,~ ~ butions of the City, shall be reduced to such an amount as shall make the member's retirement allowance, excl.us- ~ ive of any annuity purchased by his acctm~ulated additional ~ ~ contributions, equal to two-thirds of his final salary, and in no event more than ~150.00, and ~he actuarial equivalent of such reduction shall remain in the retirement fund to the credit of the City. And, Provided: That should a retiring employee so choose, he may waive such part of the pension purchased by the contributions of the City as may be neces- sary in order to meet a contingency not a part of this ord- inance; such waiver shall continue until set aside by a re- quest in writing by the retired member to the 6oard of Admin- istration, and the ~lounts waived shall be final and not sub- ject to later recovery by the retired member." Section 6. The first paragraph of paragraph (b), Section 18, Ord- inance No. 1572, as amended, which reads as follows: "(b) Upon receipt by the Board of any application re- questing a lesser retirement allowance under Option C, ORDINANCE NO. 2152 (Con't) Option D, or Option E set forth below in this section, the applicant shall be examined by a physician or surgeon appointed by the Board and such application shall not be approved by the Board unless such examination shall show that the applicant is then in good health and has a normal expectancy of life; Provided, however, that such exami~ation shall not be required, if the application is made at least five (5) years before the payment of the lesser retirement allowance is to commence. Revocation of the election of the lesser retirement allowance may be made by the member by writtenlnotice to the Board at the time prior to retirement." be and the same is hereby repealed. Section 7. That Section 19 of Ordinance No. 1572 be, and the same is her-~y amended to read as follows: "Section 19, (a) Upon the ~eath of any person who has not been retired pursuant ~o the provisions of this act, .there shall 0e paid to his estate, or to such persons ~having an insurable interest in his life as he shall have ~, nominated by written designation duly executed and filed ~ with the Board, his accumulated contributions w~th interest less payments therefrom already made to him, ifiany] Section 19. (b) ~hould a member who has chosen Option C,D OR E, past age 62, otherwise eligible for retirement but not yet retired, die, a surviving spouse shall have the choice of: (1) The refund of his contributions, or (2) Of accepting retirement under the terms of the option chosen. Provided: Such survivor had been married to the deceased for a period of five~years prior to his death; that if such surviving spouse shall marry the person so marrying shall thereafter receive no further pension from the fund but shall receive a refund~c~ the balance of his contributions." Section 8. That Section 23 of Ordinance No. 1572, be and the same is hereby amended to read as follows: "Section 23. ~£he payment of any retirement allowance to a member who has been retired by service shall be suspended during any time such member is employed by the City of Bremerton on a regular or part-time basis. Section 9. That an emergency exists and this Ordinance is neces- sary for the ~reservation of the public peace, health, safety and gen- eral welfare of the City of Bremerton, and shall become effective immediately following passage and publication. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this 29th day of February, 1955. ATTEST: H.0. DOMSTA ,I~N~yor / E.H.T. McGOWAN, Ci/~y