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
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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
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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-