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HomeMy WebLinkAbout4877 ORDINANCE NO. ~77 AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating a new chapter, Chapter 2.01 of the Bremerton Municipal Code providing for the City of Bremerton's exercise of its discretion in making employee contribution and interest payments to the state of Washington Public Employees Retirement System (PERS) on behalf of City elected officials who have applied for membership and who, while serving in office, have elected to establish service credit for previous elected term or terms of office. WHEREAS, in 1994, the state adopted WAC 415-108-550, under the authority of RCW 41.40.023 and RCW 41.50.050, providing for the inclusion of certain elected officials in the State Public Employees Retirement System (PERS), and authorizing elected officials who, while serving in office, have elected to buy back service credits in the system to the first day of previous terms served and, further authorizing the employer, to exercise its discretion to pay the employer contribution plus interest in lieu of the elected official making the required payment; and WHEREAS, by Council action on May 21, 1997, the City Council exemised its discretion authorized under RCW 41.40.023 and WAC 415-108-550, to pay the employer's contribution, plus interest on that contribution, toward the PERS accounts of elected officials establishing membership in the system and directed that a formal policy to this effect be established; and WHEREAS, to date a formal policy has not been established, therefore the City Council desires to formalize by ordinance its action in 1997 exemising its discretion to pay the employer's contribution, plus interest on that contribution, toward the PERS accounts of elected officials pursuant to RCW 41.40.023 and WAC 415-108-550; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. A new chapter, Chapter 2.01 entitled "Elected Officials - PERS" is hereby added to the Bremerton Municipal Code to read as follows: CHAPTER 2.01 ELECTED OFFICIALS - PEPS 2.01.010 PUBLIC EMPLOYEES RETIREMENT SYSTEM-ELECTED OFFICIALS. The City Council hereby exercises its discretion, as authorized pursuant to RCW 41.40.023 and WAC 415-108-550 to pay employer contributions and interest thereon on established Public Employees Retirement System (PERS) accounts of qualified City elected 1 Elected Officials - PERS officials. A qualified City elected official making application for and having established membership in PERS during his or her term of office, and having elected to establish service credit retroactive to the first day of any previous elected term or terms of office, shall be entitled to employer contributions, plus interest, payable by the City, pursuant to RCW 41.40.023 and WAC 415-108-550 as currently enacted and as hereafter amended. The Department of Human Resources is authorized to process applications for reimbursement consistent with this Section. SECTION2. Severabilitv. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council thea:~d.)_ day of ,~.oo~,,~.ta_~ ,2003 PASSED by the City Council the /t2~5~ day of ~J..~J.~t~ ,2003 % CAROL ARENDS, Council President Approved this ~ day of ~,~ t~,,.,~~ ~ CARY Bi~ZEMAN, Mayor ATTEST: APPROVED AS TO FORM: K~t~I~L~EN/I~CrCrI~I~sKEy~ IJi~ Oley RO{;ER A. LUBOVICH, CWcy2~fffomey PUBLISHED the~/d~l~U__ day of ~t_,o,~.tx ~ ,2003 EFFECTIVE the x~day of '~ ~,~.,,~.~/,.2 ,2003 ORDINANCE NO. ~'7 ' t R:\LEGAL\OrdinancesXHuman Resources\Elected Officials - PERS.doc 2 Elected Officials - PERS AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100085996 I, Valefie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following datas, to wit: December 16, 2003 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $42.74 amount has not been paid in full. (Signature of Principal Clerk) '~ Subscribed and sworn to before me this day of December 22, 2003 ~2,~x%.' Notary Public in and for the State of Washington, Kitsap County. ~.~o~?~ ORDINANCE NO. 4877' AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating a new chapter, Chapter 2.01 of the Bremerton Municipal Code providing for the City of Bremerton's exercise of its discretion in making employee contribution and interest payments to the state of Washington Public Employees Retirement System (PERS) on behalf of City elected officials who have applied for membership and who, while serving in office, have elected to establish service credit for previous elected term or terms of office.- APPROVED by the City Council the 25th day of November, 2003- PASSED by the City Council the 10th day of December, 2003- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- December 16, 2003° ° #100085996-